- Sep 5, 2000
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So lets say you're a defense lawyer and you have to defend some asshole that clearly did something wrong. As the lawyer, if the guy doesn't plead guilty, but you know s/he did it (s/he admitted to doing it), would you be obligated to tell someone? Like let's say Casey Anthony told her lawyer she killed her daughter, but wants to try to beat the system, or maybe the attorney just strongly suspects she did it even though she won't admit it...would he have to turn her in to the authorities? I've always wondered this.
Rule 4-1.6 Confidentiality of Information
(a) Consent Required to Reveal Information.
A lawyer shall not reveal information relating to representation of a client except as stated in subdivisions (b), (c), and (d), unless the client consents after disclosure to the client.
(b) When Lawyer Must Reveal Information.
A lawyer shall reveal such information to the extent the lawyer reasonably believes necessary:
(1) to prevent a client from committing a crime; or
(2) to prevent a death or substantial bodily harm to another.
What if you know your client uses 10 different email addresses and has 3 laptops. Your client sits for his deposition, and testifies that he has no documents, is computer illiterate, and doesn't even know what email is. What do you do?
Every state has its own rules regulating attorney conduct. In Florida (as I'm sure it is in most if not all states), your question is directly built into the rules:
The more interesting question is what do you do when you know your client is lying as he testifies or you know he is going to lie before he takes the stand to give sworn testimony? The correct answer is that you either shouldn't put him on the stand or you should withdraw from the case, but I'm sure that's one that more lawyers wrestle with than your question - especially when big fees are at stake, the lawyer is low on the totem pole at a firm and is worried about his/her job security, etc.
Doesn't have to be a criminal trial. What if you know your client uses 10 different email addresses and has 3 laptops. Your client sits for his deposition, and testifies that he has no documents, is computer illiterate, and doesn't even know what email is. What do you do?
As to lawyers being ethical, or lying, in my 7 years of practice in criminal defense, I've found lawyers to be a very ethical bunch. They are much more trustworthy than the cops and witnesses that testify, under oath.