Can an atty be in trouble if his client is convicted?

Question

And we find out that the atty knew the whole time his client was guilty but simply tried to get him off. Isn't this illegal? Isn't the atty. enabling a criminal once he finds out the truth? I know there is atty client confidentiality but if the atty. is told by his client that he is guilty, if the atty. continues to defend him isn't he breakiing the law? I mean, he KNOWS his client is guilty, isn't he supposed to report things like this? And why don't we ever hear about this when atty's defend guilty clients all day long?

Answer 1

Your text is different from your question.

To answer your question Yes an atty can get in trouble if he did something wrong in defending his client.

Now to answer you text points.  In almost evey situation there is a plaintiff and defendant.  Both sides are entitled to legal representation.

Innocence and guilt by either party is not determined by the lawyers that is up to the judge and or jury where the information is presented and the facts should show guilt or innocence.

And contrary to what some people say in our court system you are innocent until proven guilty.  The prosecuter has to prove that the charges are true beyond a reasonable doubt.

Do the guilty sometime win.  Yes,  Are the innocent sometimes convicted  Yes.  But our legal system is quite fair compared to others.

Answer 2

That is a question for the defense attorney himself to answer.  He was hired to do a job, and that is to use his legal knowledge and expertise to defend his client to the best of his ability. If he continues to defend a client he knows is guilty, that is his decision, and his alone.  He is free to refuse to continue defending a client, but most need the money defense work brings in.

Answer 3

Our constitution guarantees everyone the right to an attorney.  You must be thinking of China where they can throw people in prison at will.  Don't you watch TV?  Haven't you noticed they always read someone his rights when he is being arrested?  That right they are talking about in the Miranda warning, is his right to an attorney which the court will provide free if he cannot afford one.

Where do you think all of these attorneys would be if they got in "trouble" every time they lost a case or had a guilty client?

Answer 4

No, it is very specifically legal. This is America!!! Even the guilty are entitled to the best possible defense. We have this interesting notion that people are innocent until proven guilty.

Answer 5

absolutely not.

Criminal defense lawyers know all the time, if the client is guilty or not. Even when someone IS guilty, they are still entitled to a lawyer, AND the lawyer is bound to client privilege. What the lawyer CANNOT do, is knowingly allow the client to commit perjury. The lawyer cannot commit perjury.

Even if it is totally clear that someone is dead, and there is no question about that.. the job of a defense attorney is to make sure the client gets a FAIR trial.  Maybe he is being charged with first degree murder, when it really was an accident and he could be convicted of manslaughter, instead of deliberate murder.  Or, the client did kill the person, but the lawyer tries to see that the client gets 25 yrs in prison instead of the death penalty.  

The whole justice system is supposed to be set up, so that in a trial, BOTH sides have full chance to tell all of the story.  

If a lawyer does not want to defend a person that they know to be guilty.. they can choose to not represent them.  

Answer 6

You go to your girls house eat supper with her and watch TV. While watching TV some s**y show comes on HBO and the next you know you're in bed together having s*x You leave her sleeping and quietly leave her apartment around 12:30. At 1:00 neighbors hear a scream rush in and find her naked and strangled. The police determine she has been sexually assaulted the s***n matches yours so they charge you with murder. Would it be easy to find a  lawyer who believes your innocent?

The lawyers job is to prove you're innocent weather you are or not because he won't know until there has been a trial.

Answer 7

When you get arrested and charged with a crime, you can go ahead and tell the truth to your lawyer, confident that he will not reveal your statements and that he will continue to do as you direct -- plea bargain or try for an acquittal.  No, it is not enabling a crime.  the crime was committed before the lawyer got involved.  The government bears the burden of proof in any criminal prosecution (that is what the phrase "innocent until proven guilty" means) and the lawyer does nothing wrong when he holds the government to that burden, and examines the evidence, and tests the witnesses and all the rest that one does during a trial.

Answer 8

The attorney is obligated by law to provide the best possible representation for his client.  Whether or not the attorney knew anything about the client's guilt, it is the role of the prosecutor to prove that a crime was committed and that the accused committed the crime.  The defense attorney shows the court and/or jury the inadequacies of the prosecutor's evidence.  If the defense attorney fails to do so, even if he believes the client may be guilty, he has failed professionally, legally, and morally.

Why do we not hear about it?  Because the communications between client and attorney are confidential.  The lawyer cannot disclose confidential communication.