I am going through a divorce and one day while getting my stuff moved from my house, I noticed some illegal items that belong to my exwife, so I took pictures of them. I am trying to keep the house that we purchased together, but she is fighting me on it and wants to keep it for her self even though she does not have a job. I have good suspicion that illegal activites are being commited from this house. I admit that I have participated with her in these illegal activities in the past, but I do not do that anymore. I would like to use the pictures to show the court how irresponsible she is but I fear that will implicate me. Can I bring these pictures to my lawyer and tell him the whole story with out worrying about getting myself in trouble?
2007-08-30 09:12:57 · 14 answers · asked by Whatever 1 in Politics & Government ➔ Law & Ethics
Attorney client privilege protects past deeds. It does not, however, protect future plans.
Let's say a random guy (let's call him OJ) goes to his lawyer and says "I killed my wife (we'll call her Nicole) and here's how I did it," etc. The lawyer is bound by confidentiality.
Suppose OJ says "I plan to kill Nicole tomorrow." The lawyer is NOT bound by confidentiality.
P.S. Your lawyer has ethical requirements if you decide to perjure yourself, too. He'll urge you not to do so, but if you lie on the stand he'll have to stand up and request to withdraw as your counsel. This is called noisy withdrawal...it's lawyerspeak for "My client is a lying sack of crap but I can't say that."
2007-08-30 09:17:26 · answer #1 · answered by Bill 6 · 1⤊ 0⤋
You can certainly show this stuff to your lawyer, but you cannot have him ask questions implying something he knows to be a lie, nor can he make statements that he knows to be a lie.
However, if the issue of drugs comes up in court, you know very well that she's just going to say that you did it too ... and when your ex's attorney asks you if you did, do you want to commit the felony of perjury?
In short, if the matter comes up at all, you're either going to have to admit that you did it and try to convince the court that you're better but she isn't ... or you're going to commit perjury with virtually no evidence to make your claim seem likely.
So ... go ahead and talk to your lawyer, but I'll bet he just tells you to stay as far away from this as possible.
As a previous poster said, do not tell your lawyer that you intend to lie, because as an officer of the court he is required to inform the police if he feels that you are likely to commit a crime in the future (perjury).
2007-08-30 09:17:59 · answer #2 · answered by Elana 7 · 2⤊ 0⤋
You wont get in trouble and yes tell your lawyer the truth. You can even ask him if you should tell him. He does represent you and the more he knows the better. You think your ex will keep her mouth shut when you bring out the pics...I think not.
2007-08-30 09:20:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes you can, and not get in trouble, but I doubt your lawyer will care what you have to say. Why? Because I'm sure he's used to dealing with bitter couples in a divorce, and is probably laughing with your wife's atty at you and your ex.
2007-08-30 09:19:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can tell your lawyer in complete confidence. The only thing he could report you for is if you told him you were intending to commit a new crime in the immediate future.
2007-08-30 09:17:37 · answer #5 · answered by LoneStar 6 · 0⤊ 0⤋
A lawyer has to respect confidences from a client. I would talk openly with your lawyer.
2007-08-30 09:17:16 · answer #6 · answered by jaytee556 3 · 0⤊ 0⤋
Yes. And I highly suggest that you do. You never know what she is going to say about you. Better that your lawyer should know everything, so that there are no surprises. Believe me, he's heard and seen everything. You won't shock him.
2007-08-30 09:16:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes - you can tell a lawyer you killed someone and they can not tell on you - its kind of crazy in some circumstances - but understandable in others - its an oath - and if they fail to uphold this oath they loose theyre liscence to practice law -
2007-08-30 09:17:06 · answer #8 · answered by imissmahboo 4 · 0⤊ 0⤋
Sure. Enjoy the game!!
2007-08-30 09:16:52 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes tell your lawyer and listen to his advice
2007-08-30 09:16:18 · answer #10 · answered by Anonymous · 1⤊ 0⤋