2007-09-04 12:06:51 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Advise his client to plead guilty. If the client refuses, the attorney is duty bound to defend him. If the attorney does not, he can be disbarred.
2007-09-04 12:13:15 · answer #1 · answered by regerugged 7 · 1⤊ 0⤋
Junkyardg... is mistaking defending the client with allowing the client to perjure himself. If the client wants to plead not guilty, the attorney is duty bound to assist him. The attorney may not knowingly allow the client to perjure himself. This situation may be avoided by having the client not testify.
Also, if the knowledge of the clients guilt prevents the attorney from zealously representing the client's interests, he should seek to withdraw (and probably get out of the criminal defense practice area).
2007-09-04 12:40:43 · answer #2 · answered by Jason P 2 · 1⤊ 0⤋
the attorney is NOT bound to defend his client if he has knowledge that his client is guilty and the client refuses to plead guilty, he has the right to petition the court to allow him to remove himself as the attorney of record stating reasons of having knowledge that will b detremental to his defense in his clients case. He will b allowed to b removed but must turn over all necessary paperwork etc to the clients new attorney. He can not b called as a witness against the client by the opposing attorney so he can't b forced to testify against his ex client.
2007-09-04 12:18:13 · answer #3 · answered by junkyarddogfan 6 · 2⤊ 0⤋
maximum criminal defendants are in charge as charged. in case you get busted for a DUI, the legal expert will nonetheless attempt to hit upon a manner that may be useful you whether you tell the legal expert you're in charge. In a criminal case, the customer gets to make quite a few judgements which incorporate whether to plead in charge or no longer in charge. A legal expert has no authority to override that decision. If the customer directs the legal expert to get the main suitable obtainable plea good purchase, that's what the legal expert will do. If the customer directs the legal expert to set a tribulation and enable the jury come to a decision, that's what the legal expert will do. A legal expert won't be able to take part in offering perjured testimony yet he can do his maximum suitable at a tribulation to get information excluded and to poke holes in the prosecutor's case. The legal expert does not make a ethical judgment on whether the customer merits the final to a honest trial from now on than the plumber makes a ethical decision on whether the customer merits to have his bathroom fastened.
2016-10-17 23:24:31 · answer #4 · answered by ? 4 · 0⤊ 0⤋
junkyarddogfan is right.
Having said that, I've defended clients on criminal charges before, and it can be ethically challenging. One former client in particular was what I refer to as a "Michael Jackson situation," which (to me) means that even if he's not guilty of what the prosecutor is accusing him of, just doing the stuff he ADMITS to is a big "Ewwwwww."
I finally concluded that it is not my job to get my client off, nor is it necessarily my job to get him/her the best deal possible. It IS my job to make sure the prosecutor is forced to PROVE every aspect of their case. Every statement, every piece of evidence, every witness - it all has to be poked and prodded and proved to be valid. If I do that, and if the evidence is found to be valid, and if the jury or judge consider that evidence enough to convict my client, then I feel I have done my best to force the prosecutor to PROVE my client's guilt.
2007-09-04 12:34:11 · answer #5 · answered by Vicki D 3 · 1⤊ 0⤋
good question, a lawyers job isn't to prove your not guilty, he's paid to get you off of the charges brought against you. BIG difference.
2007-09-04 12:16:26 · answer #6 · answered by andy h. 4 · 1⤊ 1⤋
Kill the client then himself...it's a win-win for society!!!
2007-09-04 12:34:17 · answer #7 · answered by angrycelt 3 · 1⤊ 0⤋