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Is it illegal for a criminal defense attorney to do this?
Anonymous7 views9 answers
If a criminal defense attorney receives a murder confession from a client, is it the attorneys duty to report it to the authorities, immediately recommend the client brooch for a plea deal, drop the the client, or otherwise "do the right thing" and assist in the clients conviction? Or is "work" work, and the attorney is only obligated to keep his clients best interests at a higher concern than his/her own and help the client remain a free person if possible/receive the lightest sentence possible if any must be given?
The attorney is bound by law not to divulge the confession to anyone!! The attorney should work to gain the best possible result for the client, despite the client's admission of guilt.
Lawrence H. SchoenbachCriminal Defense AttorneyNew York, NY ·
Conversations between an attorney and a client are ABSOLUTELY privileged communications -- regardless of the content of the conversation. That which a client says to his/her attorney in confidence MUST remain with the attorney. The attorney is forbidden from revealing anything that a client tells him to anyone. The "right thing" is to keep the attorney-client privilege sacrosanct.
It is not illegal. Clients admit their crimes to their attorneys all of the time, the attorney/client privilege prevents the attorney from divulging that information. It is the attorney's job to represent his or her client to the best of their ability, regardless of their guilt or innocence.
Not only is it legal, it would be unethical for the attorney to report the client to anyone. An attorney is bound by the rules of ethics to keep all such information completely confidential. Any attorney who broached this duty would likely be disciplined severely by the state bar.
It is the duty of the attorney to keep all privileged communications confidential. An attorney could lose his license if he divulged confidential communications.
As my colleagues have said, not only is it legal, it is absolutely required that the attorney keep this confidence. However, you must remember, that confessions made in the presence of others may not always survive the attorney-client privilege. This, a client who admits to murder both in the presence of his attorney and law enforcement simultaneously cannot, in most instances, put the cat back in the bag.
As to "doing the right thing," I think you misunderstand the role of the criminal defense attorney. The role of the attorney is not to work as a public servant, that is the duty of the prosecutor and the judge. The criminal defense attorney is responsible for making sure the accused gets the best defense possible in light of the circumstances.
Moreover, although the defense of someone who is actually guilty of murder is repugnant to most, there are even circumstances where a client THINKS they have committed murder when they have not (someone who commits negligent homicide has not committed murder), so the defense attorney is there to assist them in understanding that.
In an ideal world, people who were actually guilty of crimes would not waste the people's time and money on a defense they aren't entitled to, but most criminals will not plead guilty. Even to a lesser offense. The criminal defense attorney's job isn't as an arbiter of moral, right or ethical behavior by the defendant, the criminal defense attorney's job is to ethically, zealously and aggressively pursue the best legal outcome for their client, whether actually guilty or actually innocent.
Regardless of a client's guilt or admission, the prosecutor has the burden of proof in order to gain a conviction. It's a criminal defense attorney's job to hold the prosecutor to that burden. Make sure you feel comfortable with your attorney and follow your attorney's sound advice. Good luck.
