General Question

luigirovatti's avatar

Is it true, that, in the case of a law firm, under the code of ethics, a defense counsel's ability to question his client at trial is severely circumscribed when the lawyer knows the client is guilty?

Asked by luigirovatti (2200points) November 22nd, 2019

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7 Answers

janbb's avatar

That’s not my understanding of it. A defense lawyer mounts the best defense he can for his client whether they are guilty or not.

Sagacious's avatar

The lawyer can’t lead the client to perjure himself. Many criminal attorneys do not want to know if their client “did the crime” for which they are accused. They focus on simply proving that whatever the prosecution has is wrong or impossible as related to his client. Time line is a good example. All they need is doubt in jury’s mind.

Dutchess_lll's avatar

^^ what they said.

zenvelo's avatar

A defense counsel who is pretty sure of his client’s guilt won’t put the client on the stand. So he won’t question his client at all.

Sagacious's avatar

@zenvelo It’s the client’s call. The attorney can certainly try to convince one way or the other but if the client insists, the lawyer can’t stop him. That is where problems happen and why so often when a criminal defendant takes the stand against his attorney’s advice, the attorney does not ask questions, he simply tells his client he may tell his story. Also, if a client indicates early on that he will insist on testifying the attorney, at that early point, may withdraw as counsel. I would.

Dutchess_lll's avatar

This is a very informative thread.

kritiper's avatar

Until the verdict is rendered, the accused is and must be considered innocent, even by his lawyer.

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