Legal Question in Criminal Law in California

Lawyer Responsibilities

I read a recent story where a lawyer who knew that an innocent man was serving a life sentence for a murder his client had committed never said anything until his client had died. Only then did the lawyer come forward and tell authorities that his client was the actual murderer.

I know there's a lawyer/client privilege, but doesn't this go too far? Isn't it the responsibility of the lawyer to step forward?

Also, suppose the innocent person was hours away from being executed. Does the lawyer/client privilege say it's OK for the lawyer to sit back and allow it to happen when he knows the person is innocent?

I thought that a lawyer is an officer of the court and has to abide by certain standards. Is this true?


Asked on 5/20/08, 4:15 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Lawyer Responsibilities

No, the lawyer cannot divulge a client confidence. And what would happen if the attorney came forward and said that his client was the actual murderer? Do you think the client will admit he did it? Also, the attorney's statement that his client did it could not be used against the client in court because of the attorney/client privilege.

What I might do is go to law enforcement and tell them what I knew, and see if they couldn't go back over their evidence to see if they can find evidence that points at my client.

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Answered on 5/20/08, 5:01 pm


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