Legal Question in Criminal Law in New York

defense attorney, and their client

If a client tells his defense attorney, that he commited the crime or crimes he's being prosecuted for, what is the attorneys to do under these circumstances?

If a client tells his attorney about a serious crime that will be commited in the future, what is the attorney to do?

What if an attorneys client tells him that he will harm him and his family if he loses his clients case? What can the attorney do?

I'm currently in school and I'm finding it hard to answer these questions


Asked on 3/06/06, 6:19 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: defense attorney, and their client

If the client tells the attorney he committed the crimes charged the attorney may not tell anyone, ever. He cannot put the client on the witness stand to tell a contradictory story the lawyer knows is not true.

An attorney must report future crime to the police including threats to his family. A lawyer should withdraw if he is threatened.

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Answered on 3/07/06, 10:35 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: defense attorney, and their client

Happy to answer your questions.

The code of ethics gives the lawyer the right to violate the atorney/client privilege only to avoid future harm. The lawyer must report credible information on a future crime that includes serious bodily harm (broken leg up to death) but may not report crimes of property (theft, etc).

A lawyer may resign from a case if the client threatens his family.

Otherwise, the defense lawyer's job is to ,ake the prosecution play by the rules. You defend the system by doing your best for your client.

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Answered on 3/06/06, 7:51 pm


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