what if you, as a lawyer dont believe your client is innocent

If the client pleads not guilty, then the attorney's duty is to do their best to convince the court that their client is not guilty, even when they know it to be false. There are a few limits, for example attorneys are usually not allowed to use underhanded strategies like falsify evidence or compel witnesses.

Full Answer

Can a criminal defense attorney prove a client innocent?

People are frequently under the mistaken belief that the job of a criminal defense attorney is to prove a client innocent. Nothing could be farther from the truth. The American criminal justice system is based on the principal that an accused is innocent until proven guilty beyond a reasonable doubt.

Do lawyers know when a client is guilty?

So a lawyer might be very well aware that the client stole money or killed someone, but the client might be guilty of theft and not armed robbery, or manslaughter and not first degree murder, so even knowing that the client is guilty, the lawyer would still be expected to give his best defence. Many crimes can have mitigating circumstances.

Is it ethical to defend a client who the lawyer knows?

The lawyer is not the person who determines guilt or innocence The first reason why it is perfectly ethical to defend a client who the lawyer knows or believes is guilty is that the lawyer is not the person whose role it is to decide whether or not the client is guilty.

Why would a client refuse to give information to a lawyer?

Without that oath the client has a reason not to disclose information that he thinks may be damaging and without that the lawyer may not be able to mount the best possible defence. Thanks for contributing an answer to Philosophy Stack Exchange!

Can a lawyer say their client is innocent?

It is not the role of the criminal defense attorney to decide if the client is innocent or guilty. That is for the jury or judge. The attorney's job is to be the client's advocate and make sure that the client gets a fair trial.

Can a lawyer lie if they know their client is guilty?

There are standards in place to keep lawyers honest: they cannot lie if they do know information pertaining to their client's legal guilt, and they also cannot offer evidence they know is false. But attorney-client privilege does protect communication between attorneys and clients.

What if a lawyer knows his client is lying?

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Do you ask your client if they are guilty?

For these reasons, among others, defense lawyers often do not ask their clients if they committed the crime. Instead, the lawyer uses the facts to put on the best defense possible and leaves the question of guilt to the judge or jury.

Can your lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

Can lawyers lie for their clients?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.

Are lawyers supposed to keep secrets?

In short, under current rule, a lawyer must keep a client's secret unless the client testifies falsely in court. Of course, a defendant in a criminal case need not testify at all. The prosecution must prove guilt beyond a reasonable doubt, whether or not the defendant testifies.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Can a lawyer refuse to defend a client?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

How do you defend someone you think is guilty?

1:173:25My answer to "how do you defend someone you think is guilty"YouTubeStart of suggested clipEnd of suggested clipSmith calm down don't worry if you want a defense you know I'll defend you as long as anybody orMoreSmith calm down don't worry if you want a defense you know I'll defend you as long as anybody or whatever it was.

What happens if a lawyer loses a case?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.

What if a lawyer was wrong in their belief that the client was guilty?

Furthermore, what if the lawyer was wrong in their belief that the client was guilty, but continued to act for them and let that belief influence how well they defended the client? Then if the client was convicted, the lawyer would be at least partly responsible for a great injustice. Furthermore, whilst the client can appeal a judge or jury’s decision, if the lawyer decided their client was guilty and let that affect their performance, that would not be a ground for appeal unless that could somehow be proven (which in practice may be very hard to do). It would be extremely improper and dangerous for a lawyer to engage in such hubris.

Why is it ethical to defend a client who the lawyer knows or believes is guilty?

The first reason why it is perfectly ethical to defend a client who the lawyer knows or believes is guilty is that the lawyer is not the person whose role it is to decide whether or not the client is guilty. As Johnathan Goldberg has said, “a defending advocate is not there to stand in judgment upon his own client”.

What are the rules for lawyers in Australia?

Nevertheless, in Australia there are clear rules for lawyers in this situation. Client confidentiality. One important rule that applies is client confidentiality. Even if a client confesses to the lawyer, the lawyer is still bound by confidentiality to not disclose that communication to others. If the lawyer is ever called as a witness in court ...

What happens if a client takes the advice of a lawyer?

If the client takes the advice, then the lawyer has acted in the client’s best interests even though they have been convicted on their own plea. Of course, the interests of justice will also have been furthered in that a guilty person will have been convicted and a trial will have been avoided. However, if the client listens to ...

What happens if you lose client confidentiality?

Weakening client confidentiality could result in innocent people being convicted, or mitigating facts not being raised during sentence. Duty to not mislead the court. Notwithstanding client confidentiality, if the client admitted his or her guilt to the lawyer, the obligation to not mislead the court would still apply.

What happens if a lawyer refuses to act for a client?

If the lawyer refuses to act for a client because they believe they are guilty, the lawyer is to a degree assuming the judge or jury’s role as being the decider of guilt. As David Whitehouse QC has pointed out:

When advising the client to plead guilty, would the lawyer need to explain the basis of their opinion to the client

It is after all their decision, not the lawyer’s.

What is the job of a defense lawyer?

The job of defense lawyers is to try to help their clients avoid being found guilty. The legal profession thinks this makes sense because there are rules to be followed in proving a case and those rules have value in themselves, even if sometimes the rules prevent a guilty person from being found guilty.

What happens if the evidence is dismissed?

If the evidence is dismissed, the prosecutor could decide not to press the matter cause they have to prove that the accused was in possession of evidence that he cannot show the jury. Conversely, a defense lawyer might strongly recomend that his client take a deal in order to minimize jail time.

What is the difference between knowing something and proving it?

There is a big difference between knowing something and proving it. A lawyer who knows a client is guilty can take steps to prevent the state from proving guilt. (E.g., motion to exclude evidence, cross examining witnesses.)

What is number 4 in public defenders?

Public Defenders fight for justice daily, in spite of item #1. Also Number 4 is a generalization about individual officers. There are in fact officers who strive to follow the law and do things correctly. The problem is that too often the system doesn't care about the officers who don't.

Who does Rule 11 not apply to?

Rule 11 does not apply to members of organized crime, drug dealers, career criminals, or potential informants. Nobody really wants justice.

Do appellate judges believe in police officers?

All appellate judges are aware of Rule 8, yet many pretend to believe the trial judges who pretend to believe the police officers. Most judges disbelieve defendants about whether their constitutional rights have been violated, even if they are telling the truth.