what does it mean when a lawyer asks that defendant

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

Full Answer

What does it mean when a defendant calls a lawyer?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What happens if a lawyer asks a client “did you do it?

So if a lawyer asks a client “did you do it?” and the client says “yes,” this means that the lawyer cannot tell a jury “my client is innocent,” nor may the lawyer allow the client to testify about a supposed alibi the lawyer now knows to be false.

Why do I need an attorney to respond to inquiries?

Lawyers are ethically bound to keep their clients informed on important developments in the case, and to respond to inquiries. Please answer a few questions to help us match you with attorneys in your area.

Why is an attorney before a judge?

There’s one reason and one reason only that an attorney is before a judge. You are there to be an advocate for your client’s position.

What does a defendant mean in law?

In a civil matter, the party sued by the plaintiff; in a criminal matter, the party who is prosecuted.

What role does the defendant mean?

In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.

What is the defendant in court?

defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime. defense table - The table where the defense lawyer sits with the defendant in the courtroom.

What does finding for the defendant mean?

find for (someone or something) To declare that someone or something is innocent, as in a courtroom. The jury found for the plaintiff, and the defendant had to pay a hefty fine.

Who is called the defendant?

defendant. n. 1) the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution. In some types of cases (such as divorce) a defendant may be called a respondent. See also: codefendant plaintiff.

Who is a defendant with examples?

The definition of a defendant is a person being sued or accused of a crime. An example of a defendant is someone accused of driving under the influence. The party against which an action is brought. In a criminal trial, the accused; in a civil proceeding, the person or entity against whom a claim is made.

Is the defendant the victim?

Victim: an individual who has suffered direct physical, emotional, or economic harm as a result of the commission of a crime. Defendant: the person accused of committing a crime.

Where does the defendant sit in court?

Counsel Tables Typically, the Plaintiff's table is on the right side, and the Defendant's table is on the left side. However, the Plaintiff's side has the right to sit closest to the jury box.

What is the difference between defendant and plaintiff?

In Civil Cases, the Plaintiff is the person(s) who has alleged that a wrongdoing has been done to the them. The Defendant is the person(s) or entity that has been accused of committing a wrongful act.

What is defendant in a sentence?

Word forms: defendants A defendant is a person who has been accused of breaking the law and is being tried in court. The defendant pleaded guilty and was fined $500.

Is defendant and respondent the same?

The difference between these two terms is very subtle, defendant is that person who is being sued by the plaintiff in civil cases and who is been considered as an accused in criminal cases whereas a respondent is the person who responds to an appeal or petition filed against him/her.

Who is claimant and defendant?

The “claimant” is the person who has been injured and who would be making a claim for their injuries. The word “plaintiff” isn't used until there is a lawsuit started. The party responsible for the plaintiff's injuries is known as the “defendant.”

Losing Your Right to Confidentiality: Speaking in A Public Place

Suppose you discuss your case with your attorney in a restaurant, loud enough for other diners to overhear the conversation. Can they testify to wh...

Losing Your Right to Confidentiality: Jailhouse Conversations Via Phone

Jailhouse conversations between defendants and their attorneys are considered confidential, as long as the discussion takes place in a private area...

Losing Your Right to Confidentiality: Inviting Others to Be Present

For perfectly understandable reasons, defendants sometimes want their parents, spouses, or friends to be present when they consult with their lawye...

Losing Your Right to Confidentiality: Sharing The Conversation With Others Later

Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (ot...

3 attorney answers

Generally this occurs at the Arraignment and is told to the Court by the Defense Attorney to let the court know that a formal reading of the charges verbatim is waived and that the proceeding can move forward with just an explanation of the number of charges alleged and the minimum and maximum sentencing ranges per count.

Martin Samuel Lascola

The Court is required to inform defendants of certain rights so that all criminal defendants are aware of their rights and protections in court. These are described as admonishments. If the defendant prefers not to be read those rights for any reason, they can waive the reading. More

What does it mean when a lawyer asks a client if they did it?

So if a lawyer asks a client “did you do it?” and the client says “yes,” this means that the lawyer cannot tell a jury “my client is innocent,” nor may the lawyer allow the client to testify about a supposed alibi the lawyer now knows to be false.

What happens if a lawyer thinks a client might be guilty?

In contrast, if a lawyer merely thinks a client might be guilty, he or she can still offer alternative explanations for the crime that are supported by evidence; a theory that is less than rock solid or even dubious isn't perjury, which is knowing falsity.

What is the role of a criminal defense attorney?

A criminal defence attorney should, within the bounds of his ethical duties and obligations, try and prevent the prosecutor from convincing the judge or jury that his client is guilty beyond a reasonable doubt. At least this is the simple answer.

Why don't criminal defense attorneys testify?

One reason they don't is because if it becomes necessary for the client to testify and they know he/she is not going to tell the truth they would be subborning perjury, with is illegal and will get them disbarred.

What does "not guilty" mean in the legal system?

Guilty or not guilty are specific terms with meaning in the legal system. You are only guilty when you reach a plea deal and it is finalized or you get convicted by a jury. In the US you are innocent until proven guilty. So a lawyer may know their client did something, but they will not know that the client is guilty.

Why do lawyers keep defending their clients?

Lawyers will keep defending their client, because who knows, that 1% could still turn the tables around.

Can a lawyer offer no defense?

Knowing that a client is guilty doesn't mean that a lawyer may offer no defense—a lawyer would still be free to point out weaknesses in the prosecution’s case and challenge witnesses’ claims/conclusions—but a client confirming his guilt certainly limit. Continue Reading. As a general matter, no.

What is the relationship between a lawyer and a client?

The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, ...

What does Heidi tell her lawyer about the drugs?

Heidi tells her lawyer that the drugs belonged to her , and that she bought them for the first time during a period of great stress in her life, just after she lost her job. Heidi authorizes her lawyer to reveal this information to the D.A., hoping to achieve a favorable plea bargain.

What is Benny Wilson charged with?

Example: Benny Wilson is charged with possession of stolen merchandise. The day after discussing the case with his lawyer, Benny discusses it with a neighbor. As long as Benny does not say something to his neighbor like, "Here's what I told my lawyer yesterday…," the attorney-client communications remain confidential.

Can a prisoner testify to a lawyer?

If a jailer monitors a phone call and overhears a prisoner make a damaging admission to the prisoner's lawyer, the jailer can probably testify to the defendant's statement in court.

Is a lawyer's client's communication confidential?

Lawyer-client communications are confidential only if they are made in a context where it would be reasonable to expect that they would remain confidential. ( Katz v. U.S., U.S. Sup. Ct. 1967.)

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.