3 ms·
Acting on advice of counsel is indeed a defense. You have to show that you disclosed all relevant facts to your attorney and that you acted within the parameter
by pseingatl 13y ago
Acting on advice of counsel is indeed a defense. You have to show that you disclosed all relevant facts to your attorney and that you acted within the parameters of that advice. Tbe government may try to get around this by alleging a conspiracy between you and your attorney and charging you both. This is unusual. Not rare, but not the norm either.
The government will subpoena your attorney as a witness and threaten him with this. Your attorney will then claim that you failed to disclose X relevant fact. The defense will not be allowed where you failed to disclose all the relevant facts to your attorney. There is a good deal of case law on these issues.