Can lawyers defend someone they know is guilty?

Asked by: Joshua Boehm  |  Last update: December 16, 2025
Score: 4.1/5 (67 votes)

The bottom line is that a lawyer can defend someone they know is guilty. Moreover, a lawyer who gives their best effort to advise a guilty client is actually assisting the court to do justice.

Can a lawyer defend someone they know is lying?

The only thing an attorney cannot do if they “know” their client is guilty is to put their client on the stand, because they know that their client would lie and that would be suborning perjury. Still, that requirement is based on the attorney knowing guilt, not believing in guilt.

Can a lawyer represent you if you admit guilt?

Your attorney cannot use anything you tell them against you. Their job is to defend you, regardless of whether you admit guilt.

What happens when a lawyer knows his client is lying?

When a lawyer has actual knowledge that a client has committed perjury or submitted false evidence, the lawyer's first duty is to remonstrate with the client in an effort to convince the client to voluntarily correct the perjured testimony or false evidence.

What can a defense attorney not do?

(b) Defense counsel should not knowingly make a false statement of fact or law or offer false evidence, to a court, lawyer, witnesses, or third party.

My answer to "how do you defend someone you think is guilty"

38 related questions found

Do defense attorneys defend guilty clients?

Criminal defense attorneys are ethically required to zealously represent their clients, no matter what their personal opinion of the case may be. This means that criminal defense attorneys are required to do their best to advocate for their clients, even if the attorney believes the client is guilty.

What not to say to a prosecutor?

Here are a few things to avoid:
  • Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
  • Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.

Can a lawyer drop a client if they know is guilty?

Can lawyers refuse to defend someone? Yes, under certain circumstances, lawyers have the right to decline representation, including conflicts of interest, lack of expertise, or personal beliefs. However, they cannot deny representation based on whether the client is guilty or innocent.

Can I sue a lawyer for lying?

The bond between a lawyer and a client is built on trust and honesty. But what if that trust is broken? Can I sue my lawyer for lying? In some instances, yes, you can sue your lawyer for lying.

How do you know if your lawyer is selling you out?

How Can You Tell If Your Lawyer Is Selling You Out?
  • They Regularly Miss Deadlines and Appointments. ...
  • They Show a Lack of Interest in Your Case. ...
  • They Are Pushing You Too Quickly or Forcefully to Settle. ...
  • They Fail to Return or Answer Your Calls. ...
  • They're not Transparent in Billing and Payment Practices.

What not to tell your lawyer?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

Do defense lawyers get paid if they lose?

Contingency Fees

If the lawyer does not win, they do not receive a fee for their services. The contingency fee arrangement aligns the lawyer's interests with those of the client, as both parties benefit from a successful outcome.

Is turning yourself in an admission of guilt?

Defendants must only turn themselves in when an active warrant is out for their arrest. Turning yourself in does not mean that you are confessing to a crime or entering a guilty plea; it only means that you are not obstructing justice.

What happens if you tell your lawyer you are guilty?

Your attorney's job is not to judge you, but to defend you. No matter what you tell them, they will ensure that what is said between the two of you will remain between the two of you unless otherwise discussed.

How do you know if a defendant is lying?

While not an exhaustive list, these verbal and non-verbal signs of deception are more common than some of the others we've seen.
  1. Premise. ...
  2. Verbal Indicators. ...
  3. No Response/Non-Responsive. ...
  4. Delayed Response. ...
  5. Repeating the Question. ...
  6. No Denial. ...
  7. Overly Specific/Overly Vague. ...
  8. Protest Statements.

Can a good lawyer get you out of anything?

A good criminal defense attorney can make sure you have a fair trial. And they will fight on your behalf to get you the best possible outcome. But making a broad claim that they can get you out of anything is unethical and just not true.

What is the most common complaint against lawyers?

According to the ABA, the most common attorney discipline complaints filed with the bar association involve:
  • Neglect.
  • Lack of communication.
  • Misrepresentation or dishonesty.
  • Scope of representation.
  • Fee disputes.

Can lawyers lie to defend their client?

Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear. What about reckless and negligent statements that are false?

Can you sue a lawyer for misleading you?

To successfully establish a claim of misrepresentation against a lawyer, the client must demonstrate the following key elements: (1) the lawyer made a false representation of material fact; (2) the lawyer knew or should have known the representation was false; (3) the lawyer intended for the client to rely on the ...

How do lawyers defend someone who is guilty?

The attorney's role of representation of a guilty client may properly include helping the client plead guilty and arguing for a light sentence, engaging in plea bargaining, invoking legal defenses like double jeopardy, and checking the prosecution's evidence.

Can a lawyer snitch on his client?

The short answer is no, a lawyer cannot snitch on their client. As mentioned earlier, attorney-client privilege ensures exchanges between you and your lawyer remain private.

Can a lawyer go to jail for lying in court?

But to answer you question, Lawyers don't give testimony in court so they ant be charged with perjury. Lawyers are bound by the rules of professional responsibility to be truthful to tribunals and if caught lying in court, face severe penalties including possible disbarment.

What not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

What is one reason prosecutors may decide to dismiss cases?

Legal Issues or Procedural Errors: Prosecutors may dismiss a case if there are significant legal issues or procedural errors that could compromise the fairness of the trial. This could include violations of the defendant's constitutional rights, mishandling of evidence, or other legal irregularities.

Does writing a letter to a prosecutor help?

Such letters can also help the prosecutor understand how a criminal conviction will disproportionately impact you. To put this in more legal terms, character letters can help a prosecutor understand how the interests of justice will be better served through a reduction in charges.