If his client confesses to the lawyer that the client did the crime but wants to plead innocent, is the lawyer obligated to plead innocent even if he knows his client is guilty?

how does it work? i have always wondered about that.

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Ben
1987 190d 2.5Turbo

I believe that most lawyers state to the client directly that they do not wish to have any statement made regarding guilt or innocence. If the client states guilt, it really ties the hands of the lawyer in his representation because the lawyer cannot lie to the court.

The plea is always "not guilty". It's a far cry from "innocent".

Since I work at a place full of attorneys, I asked one. Attorney\client privilege trumps all, tell your lawyer whatever you want, he can't spill the beans or he will be disbarred, true in all US states. Cornerstone of common law for centuries, all communication between client and attorney is privileged, with the sole exception being if the attorney is conspiring with the client to commit a new crime.

While he cannot "lie to the court", the attorney can invoke this privilege at anytime he wishes and simply refuse to answer any question put to him by the court. There are some narrow exceptions. If the client tells the attorney he is going to commit another crime, the attorney can report it without being disbarred, for example.

http://en.wikipedia.org/wiki/Attorney%E2%80%93client_privilege

...

I think most criminal lawyers will tell you that even the guilty are entitled to a vigorous defense.....(if they can afford the legal fees....just kidding).

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[SIGPIC] Diesel loving autocrossing grandpa Architect. 08 Dodge 3/4 ton with Cummins & six speed; I have had about 35 benzes. I have a 39 Studebaker Coupe Express pickup in which I have had installed a 617 turbo and a five speed manual.[SIGPIC]

..I also have a 427 Cobra replica with an aluminum chassis.

As BC said, the plea is "not guilty" which means that the defendant invokes his right to force the state to prove his guilt. Even if the defense attorney believes that the client/defendant committed the crime, the attorney's duty to the client includes the duty to put on evidence and make arguments that suggest that someone else did it, assuming such evidence exists. What the lawyer can't do is present false evidence or say anything factually untrue.

Okay, what did you do? We on site will keep quiet. Criminal lawyers are good at getting you off on a technicallity.

Its all about the competition in the court room; not about finding out the actual truth.

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1982 300SD " Wotan" ..On the road as of Jan 8, 2007 with Historic Tags

And all this time I thought it was about the Bill of Rights and all that nonsense.

Just the cherry on that sundae: if the client has told the attorney of his actual guilt in the crime charged (not a future crime), although that information is privileged, there are cases holding that the attorney cannot then use direct testimony (i.e., questions and answers) for his client to lie on the stand, because that would be an active crime -- suborning perjury. In the cases where the defendant demands his right to testify, the attorney may only ask an introductory question, and the testimony is given as a narrative until the tale, as it were, is over. Of course this is a legal fiction and, to those in the know, a giant red flag, which is how attorneys explain to their clients that taking the stand may really not be in their best interests.

Ultimately, the criminal defense attorney usually tells the client at their first meeting that s/he doesn't care about their guilt or innocence, and they then hope that the client will remain mum and simply protest their innocence as most do anyway.

You forgot to add "FOR THE RIGHT PRICE".

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In the purely theoretical sense, a criminal defense attorney does not need to know whether his client is innocent or guilty of the charges, as the burden of proof is on the prosecution to establish the elements of the charges beyond a reasonable doubt. The prosecution's evidence is provided to the defense, including any exculpatory evidence. The defense attorney has no burden of proof other than when establishing an affirmative defense, such as self defense, insanity, justification, etc.

A criminal defense attorney meets his or her professional obligation to the client by providing the best legal defense to the charges and evidence available under the circumstances.

Well, and succinctly said.

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1982 300SD " Wotan" ..On the road as of Jan 8, 2007 with Historic Tags

Quick Answer: Too many. Shoot them all. (Idea by some fancy-pants'd writer from a few centuries ago. Some ideas are just too good to die...)

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M. G. Burg
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“I didn’t really say everything I said.”
. . . . . . . . . . . . . . . . . . ~ Yogi Berra ~

More succinct (and accurate) if the first five words are deleted...

One of these days O.J. is going to find the killer!

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