If a lawyer sees a client and they admit they did the crime, can the lawyer refuse to defend him or do they have certain procedures they have to follow? Always wanted to know what happens...??
We HAVE to refuse to represent them. Some lawyers will turn a selective deaf ear, but I would never defend someone who has told me he is guilty, yet wants to plead not guilty. I have an obligation to my client, but an overriding obligation to the court not to knowingly be party to a lie. In this situation you simply withdraw. You contact the court and tell them that you are professionally embarrassed, and cancel the representation order. If the evidence is overwhelming, all I can do is advise them to plead guilty. If they still maintain that they are not guilty, I will continue to represent them. I have had cases that have been overwhelming before and have still been found not guilty by the jury.
The intentions of any lawyer is to win a case. If the lawyer finds that the client is guilty of the offence in question then he or she would advice the client to apply that plea in court as there is no defence required. They would refuse to act on behalf of the client because it would be deemed as perjury and with holding evidence if they were ever caught of supporting the client. This of course then would carry a prison sentence for the lawyer and the case could be heard on grounds of corruption.
It depends on the situation, they can refuse if there is a conflict of interest between there client and them or by witnesses and the other way round.and so on.
As I understand it, if the suspect admits the offence to the lawyer (Solicitor) they have no option but to not represent them. I believe its in their codes of conduct. If however the Police have them bang to rights and this is disclosed to the solicitor then they usually advise them to admit the offence anyway. (Check answer by James M who is clearly in the best position to advise!)
Yes, a lawyer can refuse to defend anyone they like.
Don t know where you are, but in the UK a lawyer can decline to take on anyone s case if they wish. They don t have to follow any procedure, just say that they don t wish to act for you. Whether or not they believe you to be innocent or guilty has nothing to do with it, they still get paid if they do the job!
Only a public defender has an obligation under the law to provide a defense regardless.
they can refuse for any reason
It would most likely depend on how much they can sponge out of the system in legal aid paments.
a lawyer defends the rights of guitly and innocent people, not whether they are guilty or innocent. [that is an issue for the jury or judge] in defending those rights the attorney can oftern prove innocence as well, often with that as a goal while defending the rights of the client. however, i believe the answer to your question is yes, but he or she would not actually reveal to anyone specifically why the decision was made to not defend. but i can t be positive.
a lawyer can refuse,.....do to a conflict of interest, if the lawyer knows you are guilty and you want to lie on the stand he or she can refuse to take your case,.....ethics come into play if you lie on the stand and the lawyer knows you are lying,.....
Solicitor can choose which cases to take.
I ve always wondered about that, and based out where I m at, my instructors have differences of opinions, yes, lawyers can have the right to refuse defending a client, but then again, if the judge makes the appointment official, you try and back out of it, if you can, but you re ultimate purpose is win the best deal possible for your client-regardless if they re guilty or not. Or you can request to defend a particular client, again-it s up to the judge to allow that to happen. It s a dirty job, but someone has to do it, that s part of the rights afforded to us, under the Constitution. Now, I m here in CA, and I can t speak for the other states, since laws vary from state to state. You d have to ask the state attorney general in the area you re in, if this applies. I would like to know the answer to this question, from different regions that you re in and see how the criminal justice system works. Please answer, truthfully and how are you coming up with your answers. . . .
A lawyer can refuse to represent a client if the lawyer is professionally embarassed. An example would be when a client states to the laywer that he is guilty but wants to plead not guilty. A lawyer will not resign just because he thinks the client may not be telling the truth, unless he believes that he is being implicated in a fraud or deceipt of some sort. I am a lawyer
hell yeah....any business can refuse service to anybody.....unless it is a public defender, but they never win cases anyway
I agree with tango and would add that to defend a not guilty plea in the face of overwhelming evidence would be detrimental to the sollicitor s reputation. The moral way to act would be to advise the client on the futility of his plea and use his best skills to argue for mitigating circumstances and a reduced sentence.