Can you represent a client you know is guilty?

Asked by: Jazlyn Koepp DVM  |  Last update: December 14, 2025
Score: 5/5 (35 votes)

When a lawyer represents someone they know is guilty, they must do so knowing that their highest duty is not to the client but instead to the court. This means, amongst other things, that when representing the defendant, the lawyer must not knowingly lie to the court.

Can you defend a client you know is guilty?

Do lawyers defend guilty clients? Yes, lawyers have an ethical obligation to represent their clients zealously and provide them with a fair trial, regardless of guilt or innocence.

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.

Does your lawyer know if you're guilty?

Guilt is also not that important because criminal defense attorneys often feel like they never really know whether their clients are guilty or not. Even if someone confesses to his attorney, it does not mean that he really did it. He could be covering for someone else or have another reason for lying.

What not to tell a 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.

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

21 related questions found

Is it wise to tell your lawyer everything?

In conclusion, if you're facing criminal charges, it is important to be honest and open with your attorney about the details of your case. Attorney-client privilege ensures that the information you provide will be kept confidential, and your attorney will work to provide you with the best possible representation.

What not to say in court?

Don't mumble; speak loudly enough to be heard by everyone in the room. Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth.

Can a lawyer defend someone they know is lying?

This means, amongst other things, that when representing the defendant, the lawyer must not knowingly lie to the court. Moreover, if a lawyer knows that the defendant (or a witness that they have brought before the court) has been lying to the court, they must go to that person and demand that the truth be told.

How do I know if my lawyer is bad?

Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.

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.

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.

How do you prove someone is guilty as a matter of law?

In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

Do clients tell their lawyers the truth?

Most criminal defense attorneys advise clients to share the whole truth, as it allows them to provide the best possible representation. It's also important to note that even if a client confesses to their lawyer, it doesn't mean they're admitting guilt in the eyes of the criminal justice system.

Why defense attorneys must often defend clients they know to be guilty?

Criminal defense attorneys have a professional ethical obligation to defend their client, even when the person is guilty. An experienced criminal lawyer will know how to manage a case to get the best result for the defendant even when that person is guilty.

What is a zealous defense?

"Zealous advocacy" is defined as the lawyer's duty to represent a client zealously within the bounds of the law, but these boundaries have not been defined. It is argued that ethically there is more at stake than fair trials for defendants, such as justice, decency, and decorum.

What is the difference between legal guilt and factual guilt?

While legal guilt is concerned about the criminal laws violated, factual guilt is what a Defendant actually did. Some experts go further and say that factual guilt is what a Defendant did while legal guilt is what the State can prove.

What happens if you tell your lawyer you are guilty?

Criminal defense attorneys have an ethical obligation to zealously represent all clients and maintain attorney-client privilege. You can admit guilt to your attorney and know that your attorney will still fight for you and won't repeat what you say to anyone without your permission.

How to fire an attorney and get retainer back?

In order to avoid any potential financial backlash from your decision, you should fire your attorney using a notarized letter that you've sent to him or her via certified mail. This letter must outline the reasons that you've chosen to fire him or her and demand the repayment of any unused portion of your retainer.

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.

Does a defense attorney have to defend a client that they know is guilty?

Guilty or innocent, lawyers have an obligation to zealously advocate for criminal defendants. Ultimately, providing a diligent legal defense is the defense attorney's duty no matter what they think about their client. Often, this means not taking into account what a defendant has admitted to.

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.

Can a lawyer go against their clients' wishes?

If the wishes are proper and lawful, the attorney cannot simply ignore them. To do so may constitute malpractice, particularly if doing so will result in the loss of rights or benefits to the client.

What to never say to 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 colors are best to wear to court?

It's best to avoid bright colors. Whether you're a plaintiff or a defendant, dark or neutral colors like white, navy blue, and gray are the best colors to wear to court. Your attorney can offer guidance if you're unsure about what you're wearing.

Can your words be used against you in court?

If you say something voluntarily before they start questioning you—or if they never officially question you—the words you said in their presence may still be used against you in court. That's why it's always best to remain silent until speaking with an attorney—whether or not your rights are read to you.