A what if Question for lawyers?
If a person comes to you needing representation and admits to killing someone and later the lawyer finds out he is related to this person killed, must a lawyer continue to protect this person as a client.
Answers:
The lawyer is bound to continue representation until excused by either mutual consent or the court before which a case is being heard.
In this case, those who've discussed conflict issues are off the mark - this is not a case in which the lawyer has what is termed a conflict in representation. And if the lawyer only later finds out that he is related to the person killed, one would presume that the relation is at best remote...
The more believable situation might be that the client comes in and says "I need representation on a possible murder charge." The lawyer says, "OK."
The client then says "I killed X" and X turns out to be a relative. At that point the lawyer would simply say to the client, "Look, that's a relative of mine. He's my cousin (or whatever). Are you sure you want me to represent you?"
The client will probably say no - and then the attorney is merely bound by confidentiality.
No, you can state conflict of interest.
(which means something personal would block the lawyer from doing their best job, so they can't continue)
No. they do not have to defend you. They can dismiss themselves because a conflict in interest. and would you really want to pay someone top dollar that really doesnt want to defend you?
Generally, no.
The lawyer would still be bound by the ethical rules and evidentiary limits for confidentiality.
But the lawyer would have a conflict of interest that renders them unfit to continue representing the client, and in most jurisdictions MUST withdraw. In the rest, the lawyer MAY withdraw.
That will sometimes be up to the court, not the lawyer. Once you start defending someone, you can certainly raise the issue with the court, but they may not excuse you from defending the client. If this is a distant relative, and the trial has already started, you may be asked to continue.
If the investigation is still ongoing, you can choose to withdraw.
Anything said to you while you are acting for that person is protected as confidential, and cannot be used in evidence.
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