Legal Question in Criminal Law in Maryland

Attorney Client Priviledge

If a man/woman is arrested for murder and is provided legal counsel or seeks advice and representation what is the law in accordance with attorney client priviledge when the following occurs:

The arrested relays to the attorney that he/she is guilty and murdered with malice and indifference, although, the arrested wants the attorney to enter a plea of NOT-GUILTY and represent the arrested with a ficticious story as to why the arrested in NOT-GUILTY.

Hence, the attorney is asked to provide representation and enter a plea of NOT-GUILTY to the arrested with knowledge of the TRUTH of the guilt of the arrested.

QUESTION:

1. Is the attorney required by law to report this information [to the police] that his client revealed an admission of GUILT and is asking for the attorney to mis-represent the truth of the case at hand?

2. Is the attorney required by ethical and moral policies of the BAR association to report the admission of guilt and either represent the arrested with a GUILTY plea or remove him/her self from the case?


Asked on 8/11/01, 7:07 pm

1 Answer from Attorneys
Thomas McCarthy, Sr. Thomas McCarthy, Sr., Esq., P.C.

Re: Attorney Client Priviledge

No communication of a client to an attorney about the crime can be communicated to anyone without the client's consent.

The Attorney/Client privelege is a privelege of the client.

If the client admits to the crime, this admission cannot be divulged without the consent of the client.

If the cliet says he INTENDS to commit a crime in the future, this comminication must (perhaps) ) be divulged.

Actual guilt or innocence is irrelevant in a criminal trial.

There is no verdict of "innocent". Either the State has proved beyonf a reasonable doubt that the defendant committed the crime, or it has not.

If it has, the verdict is guilty. If not, the verdivct is "not guilty". Hopefully, a defendant found guilty, ios actually guilty, hoever, there is no legal requirement that this be so.

An attorney cannot conspire with his client to give false evidence. i.e., the attorney cannot suborn purjury.

No attorney in his right mind would do so.

A criminal trial is a contest.

The State has the burden of proving each element of an offense beyond a reasonable doubt.

Dfense counsel, attempts to create reasonable doubt. Neither the state nor the defense can resort to false testimony to do so. Furthermore, the State has the obligation of divulging to the defendant., any exculpatory information in its knowledge or possession.

Hop this answer satisfies your question.

Regards,

Tom in Md.

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Answered on 8/13/01, 1:44 pm


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