Do clients tell their lawyers if they are guilty?

In truth, the defense lawyer almost never really knows whether the defendant is guilty of a charged crime. Just because the defendant says he did it doesn’t make it so. For these reasons, among others, defense lawyers often do not ask their clients if they committed the crime.

Should you be honest to a lawyer?

Honesty is the best policy – especially when you are dealing with your lawyer. Just like any relationship regardless of whether it is personal and professional, communication is key. When working with a lawyer you should not withhold facts and the truth from them regardless of whether it’s good, bad or just plain ugly.

Should you tell your lawyer the whole truth?

Most attorneys agree that knowing the full details of the situation is the best way to defend a client. Even when you have been caught outright committing a crime, if your lawyer knows the truth, they can advise you on your best chances for acquittal or at least a reduced sentence.

How honest can you be with a lawyer?

Lawyers must be honest, but they do not have to be truthful. A criminal defense lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant’s whole story.

Should I tell my lawyer if I’m guilty or innocent?

No. In fact, it’s confidential. However, the attorney also can’t cooperate in perjury. That means that if you tell the lawyer you’re guilty, he or she can’t call you to the stand to testify that you’re innocent. In fact, this extends far beyond the issue of guilt and innocence.

What happens if my lawyer is aware of my guilt?

If your lawyer is aware that you are guilty and you want to defend the charges against you, your best solution is to find another lawyer to represent you. This is because a lawyer who is aware of your guilt can only defend you by ‘putting the prosecution to proof’.

Do lawyers have a duty to represent the guilty?

Yes. Defense attorneys are ethically bound to zealously represent all clients, the guilty as well as the innocent. Perhaps no one has ever put the duty as eloquently as Henry VIII’s soon-to-be-beheaded ex-Chancellor Sir Thomas More, who, before going to the scaffold, insisted, “I’d give the devil the benefit of law, for mine own safety’s sake.”

Why won’t my criminal defense attorney talk to me about my case?

Most (but not all) criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because an attorney cannot defend against what he or she does not know. Some attorneys, however, do not want to talk to their clients about the case because they do not want to be limited in pursuing a defense.