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Breach of Confidence Question...

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In New York...

If a defense attorney is found to be purposefully giving confidential, incriminating information to the the prosecution regarding his client, because this attorney secretly wants his client to be found guilty, what steps would be taken? Assuming the fact that this breach of convidence is revealed right in the middle of the trial, and the defense attorney is found to be doing so without a doubt.

What would happen to the defendant? Is it possible the defendant would be cleared of all charges? Or would he simply be entitled to a retrial? If he did get a retrial, would he be released from custody until that trial, even if he was charged with murder?

And, what would happen to the defense attorney found to be breaching confidence?




Tell you what. You either ask your professor or, if this is a real situation, come back with details of THIS particular situation.

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