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Honesty between the client and attorney A San Diego DUI focus

by | Jan 18, 2014 | General Criminal Defense |

There are two people that it doesn’t pay to lie to – your doctor and your attorney.

However, the more details you share with your attorney about your crime, the more difficult it will be for them to prepare your case. You cannot expect proper defense if your attorney does not know all of the relevant facts. attorneys know this going in so they will direct their conversations with you appropriately. Answer the questions your attorney asks you to the best of your ability and let them come up with a way to get you found not guilty.

If you confessed to your lawyer about a crime you had committed and the lawyer repeated that confession, that lawyer would be disbarred and lose his license to practice law.

An attorney who would help you “come up with a story” could also be disbarred. Attorneys are required to act with something called “candor to the tribunal.” Rule 3.3 of the Rules for Professional Conduct.  This means an attorney is not allowed to knowingly present testimony or evidence he knows is untrue.

This doesn’t mean an attorney can’t do some pretty interesting things with the case. But the focus would be on attacking the evidence and the police officers. (This worked rather well in the O.J. Simpson murder trial. The defense attorneys couldn’t put O.J. on the witness stand, but they focused the defense on attacking the evidence and the credibility of the detectives.)


A lawyer will not help you develop a false alibi. However, a lawyer will make sure your rights are protected and that you receive a fair trial.

Once you have been honest with your attorney it is important to be honest with YOURSELF.  Are you looking at the evidence against you objectively?  Are you listening to the advice of your attorney?  Does the facts as presented establish proof beyond a reasonable doubt?  The accused and his attorney MUST be on the same page and have honest communication between each other.  It is a vital element of a quality criminal defense.

Below is the Model Rule:

Rule 3.3 Candor Toward The Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

© The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.Your lawyer would do everything to protect your constitutional rights and make certain you received a fair trial.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation.

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