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How honest can you be w/ your lawyer?

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What is the name of your state? Georgia

How honest can you be with your lawyer in relation to your criminal case? For instance, w/ a therapist you have complete confidentiality. Does this carry over in a Lawyer/Client relationship? My guess is no, in the instance of possible known perjury.
 


CdwJava

Senior Member
Well, if you confess that you committed the crime, he can't knowingly let you take the stand and say that you did not do it as that could be considered suborning perjury. But, in general, you should not conceal any pertinent information from your attorney and there IS an attorney-client privelege that is very tight.

I have heard that many attorneys do not ask you about guilt or innocence and they sort of dance around that as it leaves their options open. How common or true that rumor is, I cannot honestly say.

- Carl
 

JETX

Senior Member
needsomeadvice said:
How honest can you be with your lawyer in relation to your criminal case? For instance, w/ a therapist you have complete confidentiality. Does this carry over in a Lawyer/Client relationship? My guess is no, in the instance of possible known perjury.
Once you hire your attorney, ANY conversations you have are protected by attorney-client privilege.

attorney-client privilege
n. the requirement that an attorney may not reveal communications, conversations and letters between himself/ herself and his/her client, under the theory that a person should be able to speak freely and honestly with his/her attorney without fear of future revelation. In a trial, deposition, and written questions (interrogatories), the attorney is required and the client is entitled to refuse to answer any question or produce any document which was part of the attorney-client contact. The problem sometimes arises as to whether the conversation was in an attorney-client relationship. If a man tells his neighbor who happens to be an attorney that he embezzled funds, is he doing so while seeking legal advice or just chatting over the fence (which is the test)? If a document was prepared as part of the legal preparation for a client, it usually is a "work product" and is also privileged. Similar privileges exist between pastor and parishioner and doctor and patient.

privileged communication
n. statements and conversations made under circumstances of assured confidentiality which must not be disclosed in court. These include communications between husband and wife, attorney and client, physician or therapist and patient, and minister or priest with anyone seeing them in their religious status. In some states the privilege is extended to reporters and informants. Thus, such people cannot be forced to testify or reveal the conversations to law enforcement or courts, even under threat of contempt of court, and if one should break the confidentiality he/she can be sued by the person who had confidence in him/her. The reason for the privilege is to allow people to speak with candor to spouse or professional counsellor, even though it may hinder a criminal prosecution. The extreme case is when a priest hears an admission of murder or other serious crime in the confessional and can do nothing about it. The privilege may be lost if the one who made the admission waives the privilege, or, in the case of an attorney, if the client sues the attorney claiming negligence in conduct of the case.

There are three exceptions to the above privilege; the crime-fraud exception,
fiduciary exception and self-defense exception.

For more:
http://law.enotes.com/everyday-law-encyclopedia/89863
 

gawm

Senior Member
CdwJava said:
Well, if you confess that you committed the crime, he can't knowingly let you take the stand and say that you did not do it as that could be considered suborning perjury. But, in general, you should not conceal any pertinent information from your attorney and there IS an attorney-client privelege that is very tight.

I have heard that many attorneys do not ask you about guilt or innocence and they sort of dance around that as it leaves their options open. How common or true that rumor is, I cannot honestly say.

- Carl
This is how I known it to be from my experience. I would not blurt anything out. If your attorney wants to know something he'll ask.
 

JETX

Senior Member
gawm said:
This is how I known it to be from my experience. I would not blurt anything out. If your attorney wants to know something he'll ask.
What a bunch of BS!!
I have never seen a situation where an attorney says, "In order to defend you properly, I need to know the FULL and HONEST facts..... except don't tell me anything that I might not want to hear!!". :eek:
The fact is... the attorney wants to hear ALL of it.... in order to determine where any 'mines' might be in the case.
 

seniorjudge

Senior Member
Criminal defense lawyers have been known to ask their clients, "What do the COPS say you did?"

Works great, I hear....
 
seniorjudge said:
Criminal defense lawyers have been known to ask their clients, "What do the COPS say you did?"

Works great, I hear....
Works great in who's favor? If a lawyer is really looking for a "mine", why don't they pull police reports? It's public record, anybody can do it.
 

gawm

Senior Member
JETX said:
What a bunch of BS!!
I have never seen a situation where an attorney says, "In order to defend you properly, I need to know the FULL and HONEST facts..... except don't tell me anything that I might not want to hear!!". :eek:
The fact is... the attorney wants to hear ALL of it.... in order to determine where any 'mines' might be in the case.
I had a lawyer freak out on me when I told him I lied to the cops about something. When I say freak out I mean cussing, yelling, turning beet red, heavy breathing and so on. To quote him " Why did you tell me that ? If I want to know something I'll ask ". This was no public defender either. He was from a prominent law firm, ex FBI prosecutor. After I told him that he pretty much gave up on the case, went into plea bargain mode. Said he could not put me on the stand and now my case was unwinnable. Needless to say I kicked his ass to the curb.

So even though you may not of " seen a situation where an attorney says, " In order to defend you properly, I need to know the FULL and HONEST facts... except don't tell me anything that I might not want to hear!!" :eek: "
you NOW heard of one. Glad I could help you out with your legal experience ;) Your welcome! :D
 
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Kane

Member
You really have nothing to gain by lying to your attorney.

You're not the first person to have thought of the strategy, and you won't be the last. Defense attorneys are used to defendants lying, and accept it as a matter of course. No defense attorney ever went to a judge or a prosecutor and said, "My client told me he's innocent. I DEMAND YOU DISMISS THIS CASE!" It doesn't work that way.

Defense attorneys are professionals, and they understand the issue is what the state can prove, not what the defendant says.

You do have something to gain by telling the truth. For one, you won't waste the attorney's time. For another, you'll assist your attorney in giving you actual, useful, intelligent advice. Also, lawyers appreciate when clients are straight with them, just like you appreciate it when people are straight with you.
 

JETX

Senior Member
needsomeadvice said:
Works great in who's favor? If a lawyer is really looking for a "mine", why don't they pull police reports? It's public record, anybody can do it.
Not true. Only certain 'general' portions of a police report are public record..... and are only the very basic information that your defense attorney needs.
 

gawm

Senior Member
Two Bit said:
Well, most criminal cases are unwinnable, because most people charged by the police are guilty.
I will agree with you that most people charged by the police are guilty of something, may not be guilty of what they are charged with, However being guilty or innocent sometimes has nothing to do with if your case is winnable or not.
 
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