Do defense attorneys defend people they know are guilty?

Asked by: Hank Hermiston  |  Last update: July 27, 2025
Score: 4.5/5 (65 votes)

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.

Can a lawyer defend someone they know is guilty?

Conclusion. 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.

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.

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 is the most common argument of a defense attorney?

Here's our list of the most common defense strategies used in criminal court:
  • No intent to commit the crime (accident)
  • Mistake of fact.
  • The crime was committed out of duress or necessity.
  • Police misconduct or a violation of your rights.
  • Intoxication (may still result in other charges)
  • Self-defense.

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

15 related questions found

What are the hardest cases to defend?

However, these 3 crimes tend to be difficult to defend:
  • Crimes against minors.
  • Homicide.
  • White collar crimes such as embezzlement.

What is the most common complaint of clients about defense attorneys?

The most common disciplinary complaints filed against lawyers are for: Neglect. Lack of communication. Misrepresentation/Dishonesty.

What happens if you tell your lawyer you're guilty?

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. Your attorney's job is to be your advocate and make sure that you get a fair trial, not decide if you're innocent or guilty. That's for the jury or judge.

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.

Do defense attorneys want to know the truth?

Your defense attorney's primary role is to represent your best interests throughout the legal process. To do this effectively, they need a complete understanding of the situation. If you're charged with a crime, your lawyer must know all the facts to build a strong defense strategy.

What do you feel is the most important reason to have a defense attorney?

A Lawyer Will Be Your Advocate and Guide You Through the Criminal Justice System. A defense lawyer will be your advocate throughout the entire criminal justice process. From the moment you are arrested, a lawyer will be there to protect your rights and guide you through the process.

What is the defense attorney's most important responsibility?

Criminal defense attorneys are responsible for representing their clients throughout the legal process — from pre-trial investigations to courtroom proceedings. Their main goal is to make sure their client's constitutional rights are being protected by advocating for the best possible outcome.

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.

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.

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.

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.

How do you tell if you have a good lawyer?

Do not focus solely on case outcomes; read what others say about a firm's conduct. Were they professional, punctual, and supportive? Did they go the extra mile to make the client feel included in the legal process? These reviews can be helpful as you decide whether a law firm deserves your trust.

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.

How do lawyers defend someone they know 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.

Do lawyers know if the defendant is guilty?

In truth, the defense lawyer almost never really knows whether the defendant is guilty of a charged crime. Just because the defendant says he did it doesn't make it so. The defendant may be lying to take the rap for someone he wants to protect.

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 you sue a defense attorney?

We then have to explain that actual innocence is required to bring a legal malpractice action against a criminal defense attorney. Put another way, in a legal malpractice case in California arising out of a criminal proceeding, California requires "proof of actual innocence.” Wilkinson v.

What is a dilemma that is often faced by defense attorneys?

One common ethical dilemma in criminal defense is the decision to represent clients who may be guilty. Lawyers must set aside personal judgments and focus on providing the best possible defense within the bounds of the law. This includes ensuring that clients' rights are protected and that they receive a fair trial.

Do lawyers get to choose their clients?

While the image of the lawyer as a champion for every cause is popular, the reality is that lawyers have the discretion to choose whom they represent.