Q&A

Do you have to tell your lawyer the truth?

Do you have to tell your lawyer the truth?

In California, a lawyer must disclose to the tribunal that a client’s statement made in litigation is perjurious if reasonable remedial measures fail to correct the effect of the false evidence.

What is the difference between an attorney at law and a lawyer?

“Generally speaking, an attorney, or attorney-at-law, is a person who is a member of the legal profession. An attorney is qualified and licensed to represent a client in court. A lawyer, by definition, is someone who is trained in the field of law and provides advice and aid on legal matters.

Why do lawyers defend people who are not guilty?

Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel. Lawyers are bound to deliver this legal right to their clients.

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Can the court force a defense attorney to testify against his client?

The court can not force the attorney to testify against their client. The job of the defense counsel is to achieve the best possible outcome for their client. If the client pleads not guilty, then the attorney’s duty is to do their best to convince the court that their client is not guilty, even when they know it to be false.

How does a lawyer deal with a confession in court?

In most jurisdictions, the lawyer would have two options: Resign from counsel and never talk about the confession. Take the counsel and defend the client as best they can without mentioning that they know the client is guilty. In most jurisdictions, there is something called “attorney client privilege”.

What happens if a lawyer gives a client false testimony?

If the false testimony was that of the client, the client may controvert the lawyer’s version of their communication when the lawyer discloses the situation to the court. If there is an issue whether the client has committed perjury, the lawyer cannot represent the client in resolution of the issue, and a mistrial may be unavoidable.