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  1. #1
    Join Date
    Feb 2010
    Posts
    233

    Default Can Your Criminal Defense Lawyer Testify Against You

    My question involves malpractice by a lawyer in the Country of: US

    It's a Felony murder case, is it possible your Defense attorney could testify against you WHILE he still represents you? ...say you confessed to him and told him where the body was, is there some precedence in the law that prevents him from going to the prosecution and cooperating? ...or in a case like this, would it be his obligation too ?

  2. #2
    Join Date
    Jul 2010
    Posts
    2,541

    Default Re: Can Your Criminal Defense Lawyer Testify Against You

    You are protected by attorney-client privilege. He cannot testify as to what you tell him, regardless of whether he still represents you, except under very limited circumstances. There are probably a few lawyers out there that know where the proverbial bodies are buried but are unable to disclose that information. The only obligation an attorney has is to their client and that is to give the most effective counsel he can. There are, as I mentioned, limited circumstances where an attorney might be required by law to disclose something a client says but this would not be one.

  3. #3
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Can Your Criminal Defense Lawyer Testify Against You

    gracias hombrelibertad

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can Your Criminal Defense Lawyer Testify Against You

    In theory he could tell. You would have a legal defense of attorney-client privilege which is impossible to overcome in your fact situation.

    However, that attorney would be promptly and permanently disbarred and would never practice law anywhere ever again.

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