Replies

uh..I'm certainly not a lawyer, but what would be the correct course of action if a defense attorney knows his client is guilty, but also knows that the prosecutors don't have enough evidence, or have somehow skirted the rights of the accused?

uh..I'm certainly not a lawyer, but what would be the correct course of action if a defense attorney knows his client is guilty, but also knows that the prosecutors don't have enough evidence, or have somehow skirted the rights of the accused?

Well, of course the first issue is how does the lawyer "know" his client is guilty. However, that question aside, the lawyer is duty-bound to provide the best possible defense for his client. If he is not capable of doing so for any reason whatsoever, he must pass on the case and recuse himself. This is relatively rare, but it happens - sometimes even in the middle of a trial. Once in a while, a lawyer will recuse himself because he knows that his client is about to give false testimony, and although the lawyer must advocate for his client, he can't do so using illegal methods. It puts everyone in an awkward position - the lawyer can't explain why he is dropping the case without betraying lawyer-client confidentiality, so he usually can't say anything. Although when a lawyer drops out suddenly in the middle of a case, everyone kinda suspects what is going on...

uh..I'm certainly not a lawyer, but what would be the correct course of action if a defense attorney knows his client is guilty, but also knows that the prosecutors don't have enough evidence, or have somehow skirted the rights of the accused?

There are things a lawyer is ethically forbidden to do-- manufacture fake evidence, help his client hide or destroy evidence, put his client or another witness on the stand if he knows they're going to lie, etc. But there are things a lawyer ethically can do for a client, even one he believes is guilty-- argue that the prosecution's witnesses are unreliable because they weren't wearing their eyeglasses; make a motion to suppress evidence which was illegally seized; argue that the statute is unconstitutional or that the statute of limitations has expired; etc.