Legal Question in Criminal Law in Kansas
Shoplifting and confidentiality
I want to know if a client confesses to shoplifting, does the attorney have to disclose the information. Would it be breaking confidentiality if the lawyer turns the client in? Would the attorney be required to testify against the client?
1 Answer from Attorneys
Re: Shoplifting and confidentiality
If the attorney is representing the person accused of shoplifting and the client admits the crime to the lawyer, the lawyer may not disclose this information at risk of losing his license. It would absolutely be breaking confidentiality to turn the client in and the lawyer would not be allowed to testify against the client. The important question here is whether the attorney and client had an attorney/client relationship. If the answer is yes, all the above applies. If there is no relationship, that is, the lawyer does not represent the accused shoplifter, the lawyer is just like any other person and can be called to testify.
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