Legal Question in Criminal Law in New York

A general discussion question, and my co-workers and I can't agree. Is it appropriate for a defense attorney whose client is charged with a felony (if that makes any difference) to ask the client if he/she is, in fact, guilty? Half says attorney cannot prepare a defense and/or cross examine without knowing the truth; other half says canons of ethics prevent attorney from asking. Argument is that attorney cannot lie, cannot represent client he/she knows is lying.

My argument (and half agree with me) is "never ask a question if you don't know the answer" and that can't happen if Attorney doesn't know the truth. Other side argues attorney would violate code of responsibility (or similar language) and is precluded from asking.

I've researched and come up empty.

- and the discussion goes on and on.

Thanks -


Asked on 1/24/11, 6:37 am

2 Answers from Attorneys
peter bark bark & karpf

I never ask outright if a client is guilty. I do ask, "why do think the complainant is saying you did this?" I eventually find out what happened and retain the confidence of the client that I'm not selling him out.

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Answered on 1/28/11, 6:18 pm
Robert Evans Robert S. Evans esq.

A client cannot determine their innocence or guilt. There may be suppression or justification issues,which a layman does not comprehend. I ask a client what happened and then follow the best course of action.

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Answered on 1/30/11, 8:52 am


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