3 ms·

I think the question is more "How do you represent someone who has told you they are guilty, but wants to minimize negative outcome".

lp0_on_fire 5y ago
You represent them to the best of your ability or you get out of the profession. That's part of being a lawyer in the American legal system and if you can't deal with that then you shouldn't be one. This echos of some of the "doctors" during COVID who declared they'd rather let unvaccinated people die than treat them. Granted, most of them were probably saying this for attention and twitter points but it's still an amazing declaration to make.
- giantg2 5y ago
  Well, you can decline a case if you think it's not possible for you to do a good job on it. Arguably this could include a hatred for someone. If the person negarively affected you or your family with the crime, then ethics may even dictate that you can't represent them. Although I do agree this scenario of quitting a firm because the firm represented someone is a stark departure from these traditional exceptions. I get that people don't want to work for a company that does morally wrong stuff, but I don't think providing a defense should fit that. The whole concept of the system is that it should be a fair fight under the rules of law/procedure. It's almost like they're saying that they think the rules aren't fair, but that they would rather not afford people their due protection than try to correct the actual injustices in ehe system.
- xboxnolifes 5y ago
  I know this, which is why I replied to the person I did and not the person they replied to.
  - lp0_on_fire 5y ago
    yes I figured we were on the same page. No harm no foul.
giantg2 5y ago
If you believe that the system of law is just and fair, then you can give your full effort to defending them. If they are guilty (whether they tell you or not) then the system will find them as such. That's the theory anyway. Now in practice, you would probably have to tell them their best chance is to make a deal (like 80% or so of all cases anyways). This generally benefits the courts (volume is too high to process), the prosecutors (guaranteed win), and the defendant (lesser sentence). You might even think that the rules/laws are wrong or are not just. This shouldn't interfere with the idea that everyone gets a trial under those rules. If this is case, then it might be a good idea to get out of that line of work. Also, there is a big difference between not wanting to work at a firm that represented someone and not taking on a case personally. You can personally say you don't want a case for some reasons (like not being able to do a good job), but if you're saying that nobody should represent them, that's an affront the the principles of your profession.
andjd 5y ago
If the client has told his lawyer that s/he is guilty, the lawyer is very ethically and legally constrained. They are not allowed to present evidence to the court that they know is false ... which includes not calling a defendant to testify on the stand if the lawyer knows that the defendant is going to lie. The lawyer is basically limited to making the prosecution prove their case.

lp0_on_fire 5y ago

You represent them to the best of your ability or you get out of the profession. That's part of being a lawyer in the American legal system and if you can't deal with that then you shouldn't be one. This echos of some of the "doctors" during COVID who declared they'd rather let unvaccinated people die than treat them. Granted, most of them were probably saying this for attention and twitter points but it's still an amazing declaration to make.

giantg2 5y ago
Well, you can decline a case if you think it's not possible for you to do a good job on it. Arguably this could include a hatred for someone. If the person negarively affected you or your family with the crime, then ethics may even dictate that you can't represent them. Although I do agree this scenario of quitting a firm because the firm represented someone is a stark departure from these traditional exceptions. I get that people don't want to work for a company that does morally wrong stuff, but I don't think providing a defense should fit that. The whole concept of the system is that it should be a fair fight under the rules of law/procedure. It's almost like they're saying that they think the rules aren't fair, but that they would rather not afford people their due protection than try to correct the actual injustices in ehe system.
xboxnolifes 5y ago
I know this, which is why I replied to the person I did and not the person they replied to.
- lp0_on_fire 5y ago
  yes I figured we were on the same page. No harm no foul.

giantg2 5y ago

If you believe that the system of law is just and fair, then you can give your full effort to defending them. If they are guilty (whether they tell you or not) then the system will find them as such. That's the theory anyway. Now in practice, you would probably have to tell them their best chance is to make a deal (like 80% or so of all cases anyways). This generally benefits the courts (volume is too high to process), the prosecutors (guaranteed win), and the defendant (lesser sentence). You might even think that the rules/laws are wrong or are not just. This shouldn't interfere with the idea that everyone gets a trial under those rules. If this is case, then it might be a good idea to get out of that line of work. Also, there is a big difference between not wanting to work at a firm that represented someone and not taking on a case personally. You can personally say you don't want a case for some reasons (like not being able to do a good job), but if you're saying that nobody should represent them, that's an affront the the principles of your profession.

andjd 5y ago

If the client has told his lawyer that s/he is guilty, the lawyer is very ethically and legally constrained. They are not allowed to present evidence to the court that they know is false ... which includes not calling a defendant to testify on the stand if the lawyer knows that the defendant is going to lie. The lawyer is basically limited to making the prosecution prove their case.