Legal advice

bingefeller

When you ask a solicitor for legal advice, and if you are actually breaking the law, are they compelled to report your crimes to the police?

spacecadet

Don't think so but it's unlikely they will represent you. Unless you use this guy....

http://www.bettercallsaul.com/

stickyfiddle

bingefeller said:

When you ask a solicitor for legal advice, and if you are actually breaking the law, are they compelled to report your crimes to the police?

No, but iirc if you are, say, on a murder charge, and you tell them you did it, they can't state in court that you didn't, only that the other side can't prove you did it. 

bingefeller

Cheers guys!  Just curious....

xmrchi

Lol ......... but did you??

fretmeister

Depends on the crime you have committed actually.

There are some offences where not only does the solicitor have to report you, if he then warns you about it he can go to prison himself.

But generally 99.999999% of toerags won't fit into the category for reporting.

VimFuego

bingefeller said:

When you ask a solicitor for legal advice, and if you are actually breaking the law, are they compelled to report your crimes to the police?

hmmm, are you Prince Andrew?

fretmeister

VimFuego said:

bingefeller said:

When you ask a solicitor for legal advice, and if you are actually breaking the law, are they compelled to report your crimes to the police?

hmmm, are you Prince Andrew?

Nothing to do with sexual offences.

bingefeller

fretmeister said:

Depends on the crime you have committed actually.

There are some offences where not only does the solicitor have to report you, if he then warns you about it he can go to prison himself.

But generally 99.999999% of toerags won't fit into the category for reporting.

What offences?  I'm curious now and you're the very person on here who knows!

Fretwired

fretmeister said:

VimFuego said:

bingefeller said:

When you ask a solicitor for legal advice, and if you are actually breaking the law, are they compelled to report your crimes to the police?

hmmm, are you Prince Andrew?

Nothing to do with sexual offences.

Tax avoidance by chance?

randomhandclaps

I would have thought ultimately the answer may come down to how much money you have.

Gassage

bingefeller said:

When you ask a solicitor for legal advice, and if you are actually breaking the law, are they compelled to report your crimes to the police?

If this were the case, how would criminal law ever work?

The answer is, it totally depends on a) who b) how you frame your issue. The 'hypothetical question' is always a good fall back.

I had this exact issue recently- I wanted a big law firm to act for a property client who has a criminal record and has had jail time.

He's also worth £600m. That made a difference- they acted!

fretmeister

There is a difference between reporting your client and lying for your client.

you can't do either.

But for certain money laundering and terrorism offences a solicitor is obliged to report and cannot inform the client.

Gassage has it half right but for the wrong reasons.

There is a reason why lawyer will never ask you "Did you do it?" They will only ever ask "How do you want to plead?"

If a toerag says "I did it, but I want to plead not guilty" then the lawyer has 2 choices - he can agree with the client to not offer any evidence or he can refuse to take the case.

Not offering any evidence means that the prosecution presents their case and the defence tests it by cross-exmination etc. BUT when it comes to the Defence's turn to put their side the lawyer offers No Evidence. So doesn't tell any porkies on behalf of said toerag - in fact says nothing at all.

The judge / Jury then decide on guilt based on only the prosecution evidence and whether it has withstood the testing by the defence.

If your client says "I did it, I want to plead NOT guilty and I want you to present my evidence" then the lawyer MUST withdraw from the case because by presenting evidence of NOT GUILTY would be a lie.

The first duty is to the Court, not the client and the lawyer must never mislead the court.

So in Gassage's case there is no way the lawyers asked the bloke if he did it - they asked how he wanted to plead.

fretmeister

Fretwired said:

fretmeister said:

VimFuego said:

bingefeller said:

When you ask a solicitor for legal advice, and if you are actually breaking the law, are they compelled to report your crimes to the police?

hmmm, are you Prince Andrew?

Nothing to do with sexual offences.

Tax avoidance by chance?

Money Laundering  / Terrorism stuff. The rules changed recently so I can't give an accurate list at the mo.

TTony

fretmeister said:

The first duty is to the Court, not the client and the lawyer must never mislead the court.

I didn't realise that - assumed that the lawyer's first duty was to the client rather than the court.  Not always that way that it's portrayed or implied on TV!

richardhomer

VimFuego;469205" said:

hmmm, are you Prince Andrew?

He's now denying that he had 10,000 men....

fretmeister

TTony said:

fretmeister said:

The first duty is to the Court, not the client and the lawyer must never mislead the court.

I didn't realise that - assumed that the lawyer's first duty was to the client rather than the court.  Not always that way that it's portrayed or implied on TV!

Stop watching American telly then!

Different rules over there. Always funny to meet american lawyers who are doing transfer exams to practice here!

Bogwhoppit

fretmeister said:

TTony said:

fretmeister said:

The first duty is to the Court, not the client and the lawyer must never mislead the court.

I didn't realise that - assumed that the lawyer's first duty was to the client rather than the court.  Not always that way that it's portrayed or implied on TV!

Stop watching American telly then!

Different rules over there. Always funny to meet american lawyers who are doing transfer exams to practice here!

My wife bangs her head on the wall between the law here in the UK and Europe.

BigMonka

@fretmeister if in your last example they withdrew from the case then could they then be called upon by the prosecution (as it may look a bit suspicious that they withdrew)?

d8m

fretmeister

BigMonka;469349" said:

@fretmeister if in your last example they withdrew from the case then could they then be called upon by the prosecution (as it may look a bit suspicious that they withdrew)?

Nah. Loads of other reasons it could happen too.