ChatterBank5 mins ago
solicitor -client confidentiality
if a client admits to his solicitor he commited, lets say something truly henious, child rape and murder- but denies the charges -is the solicitor obliged to inform police of his clients confession and any vital evidence he may have been given?
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For more on marking an answer as the "Best Answer", please visit our FAQ.No. The solicitor must not divulge to anyone the details that a client has given him. That information is between him and his client and subject to legal professional privilege - only the client can waive that privilege. If this matter went to trial, the solicitor could continue to act but could not put forward a positive defence (thus the defence would consist of testing the prosecution's case, rather than putting forward say, an alibi). In fairness however, most solicitors would decline to act on the basis that they are professionally embarrassed. In my experience, at the slightest hint of any such embarrassment most lawyers withdraw immediately, and properly so.
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I agree with Barmaid. I used to work as a prison officer in Crown Courts, and often heard lawyer's say that they had been professionaly embarrassed. One day I asked a barrister what this meant; he told me that if in conversation the defendant had told them that they were guilty, they would be unable to defend a plea of not guilty, as they had to believe that the defendant was telling the truth, however implausible that may be!