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Hypothetical OT Lawyer question

Posted on 12/11/23 at 7:19 pm
Posted by secfballfan
Member since Feb 2016
3004 posts
Posted on 12/11/23 at 7:19 pm
I am sure I am missing something here as I am a low IQ man. A hypothetical lawyer representing a man being tried for murder. The man confesses to the lawyer. I realize the lawyer gets disbarred if he reveals this but is it an option for the lawyer to say fine disbar me but I am going tell how I know he is guilty? The man gets put in jail for murder and the lawyer gets disbarred. What if anything keeps this from happening in our justice system?

Thank you
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14844 posts
Posted on 12/11/23 at 7:20 pm to
Snitches get stitches, brah.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
143087 posts
Posted on 12/11/23 at 7:23 pm to
If a priest who is also a lawyer hears his own confession to murder, can he be dispewted?
Posted by Tortious
ATX
Member since Nov 2010
5152 posts
Posted on 12/11/23 at 7:24 pm to
State still has to prove it. Kooks admit to crimes all the time.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99805 posts
Posted on 12/11/23 at 7:25 pm to
Privileged communication, inadmissible.
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
30769 posts
Posted on 12/11/23 at 7:26 pm to
quote:

What if anything keeps this from happening in our justice system?


Not a very good business model for a criminal defense attorney, imo
Posted by Ziippy
Member since Aug 2023
1063 posts
Posted on 12/11/23 at 7:26 pm to
Even if the lawyer is able to do that and get a guilty verdict, the verdict is likely to be reversed on appeal.
Posted by Epaminondas
The Boot
Member since Jul 2020
4353 posts
Posted on 12/11/23 at 7:55 pm to
The attorney-client privilege belongs to the client. The attorney cannot waive it. If the attorney did talk, his testimony is inadmissible.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27453 posts
Posted on 12/11/23 at 8:01 pm to
quote:

Privileged communication, inadmissible.

quote:

The attorney-client privilege belongs to the client. The attorney cannot waive it. If the attorney did talk, his testimony is inadmissible.


/thread
Posted by Planetarium
Member since Jul 2020
243 posts
Posted on 12/11/23 at 8:08 pm to
^^^ That, and Lawyers are greedy, but not dumb. You rat your client out and he goes to jail, you lose a customer. Word gets out, you lose all your customers.
Posted by Jim Rockford
Member since May 2011
98691 posts
Posted on 12/11/23 at 8:12 pm to
quote:

That, and Lawyers are greedy, but not dumb. 



There are some pretty dumb ones out there, TBH.
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
43700 posts
Posted on 12/11/23 at 8:53 pm to
Wouldn’t be admissible, but a smart lawyer knows what to do
Posted by Demshoes
Up in here
Member since Aug 2015
10252 posts
Posted on 12/11/23 at 9:00 pm to
If the lawyer wants to throw away his or her career their is nothing to stop them from doing it. If they have insurance the murderer could probably sue them for malpractice.

If a person consults a lawyer and says I'm goimg to kill my ex-wife's boyfriend or I'm going to commit fraud against so and so then the attorney client privilege does not apply (crime/fraud exception). Sometimes reporting is mandatory.
Posted by NOLATiger163
Insane State of NOLA
Member since Aug 2018
477 posts
Posted on 12/11/23 at 9:08 pm to
quote:

is it an option for the lawyer to say fine disbar me but I am going tell how I know he is guilty? The man gets put in jail for murder ....
No, it's not an option. The murderer-client can prohibit the lawyer from testifying to that, and the court would rule in the client's favor. With the lawyer's testimony excluded, the lawyer would not have gotten the murderer convicted.

Posted by Indefatigable
Member since Jan 2019
27371 posts
Posted on 12/11/23 at 9:12 pm to
quote:

is it an option for the lawyer to say fine disbar me but I am going tell how I know he is guilty?

No. It wouldn’t be admissible.

Perhaps if it was a credible threat or statement of intent to commit murder/fraud/other serious felony. But that’s just about the only exception to attorney/client privilege. And as others have said, the attorney can’t waive it.
This post was edited on 12/11/23 at 9:15 pm
Posted by swolverine
Member since Jun 2020
1966 posts
Posted on 12/11/23 at 9:59 pm to
The hypothetical lawyer should just find the one hooker who can identify the guilty man and have her set him up with a drug deal. Then tip the cops off and convince them that the hooker’s life is at risk so they can save her when the deal goes bad. Don’t forget to have the hypothetical lawyer’s friend watch the whole thing from across the street as a backup.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
66260 posts
Posted on 12/12/23 at 12:25 am to
quote:

If a priest who is also a lawyer hears his own confession to murder, can he be dispewted?
If a psychiatrist, who is also a priest, who is also a lawyer hears his own confession to murder, can he be decouched?
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