Can you do an episode on what a lawyer’s responsibilities are when their client tells them they did the crime? Does the lawyer proceed as if they don’t know?
In America, it doesn't change much. The lawyer can't knowingly present false evidence. So the lawyer can't put the client on the stand to lie, or call a witness they know to be lying. But the lawyer can still challenge the adequacy of the government's evidence and argue the evidence is unbelievable or insufficient.
That's the first thing my lawyer always asked me. I don't think most lawyers care too much unless children were hurt. In any case lying to your own lawyer is dumb, dumb, dumb.
It's a very good question though. I'm guessing that in an adversarial system the defense attorney has to do the best job possible and leave the prosecution to the other side. It's the only way a custodial sentence could be justified.
I’m so new at Substack. Are you a subscriber to popehat, is that how you saw my question? I’ve suspected you are correct but I don’t think I could be a lawyer if that’s the rule.
Yes I subscribe. I’m not a lawyer. I’m mostly an asshole. And in a previous life I was something of wayward dirtbag. I was only ever charged (never convicted) with low level crimes for which there wasn’t a victim so that’s all I can speak to.
If we’re going to throw people in prison for years we have to give them a fair chance of not being railroaded. The deck is very much stacked against the defense, so I think many lawyers see it as only fair to give the best defense possible.
Like I said though: it’s just this asshole’s opinion.
No doubt you are aware of the claim that Georgia is going for RICO on Trump. I did my best to channel you on that. Do you have a link to your extensive explanations? (You da man). [I lost track of you when All the presidents’ Lawyers went dark. You revived it, I hear. Gonna check.]
“pendantry”
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I followed, with trepidation and joy; your stories about vexatious litigants and ponies, on your website. Glad to see you're still engaged on media.
You maniac! You blew up the tweets! Ah, damn you! God damn you all to hell!
Can you do an episode on what a lawyer’s responsibilities are when their client tells them they did the crime? Does the lawyer proceed as if they don’t know?
Perry:
In America, it doesn't change much. The lawyer can't knowingly present false evidence. So the lawyer can't put the client on the stand to lie, or call a witness they know to be lying. But the lawyer can still challenge the adequacy of the government's evidence and argue the evidence is unbelievable or insufficient.
Ken, much appreciated. Thank you.
That's the first thing my lawyer always asked me. I don't think most lawyers care too much unless children were hurt. In any case lying to your own lawyer is dumb, dumb, dumb.
It's a very good question though. I'm guessing that in an adversarial system the defense attorney has to do the best job possible and leave the prosecution to the other side. It's the only way a custodial sentence could be justified.
I’m so new at Substack. Are you a subscriber to popehat, is that how you saw my question? I’ve suspected you are correct but I don’t think I could be a lawyer if that’s the rule.
Yes I subscribe. I’m not a lawyer. I’m mostly an asshole. And in a previous life I was something of wayward dirtbag. I was only ever charged (never convicted) with low level crimes for which there wasn’t a victim so that’s all I can speak to.
If we’re going to throw people in prison for years we have to give them a fair chance of not being railroaded. The deck is very much stacked against the defense, so I think many lawyers see it as only fair to give the best defense possible.
Like I said though: it’s just this asshole’s opinion.
Ken,
No doubt you are aware of the claim that Georgia is going for RICO on Trump. I did my best to channel you on that. Do you have a link to your extensive explanations? (You da man). [I lost track of you when All the presidents’ Lawyers went dark. You revived it, I hear. Gonna check.]