If a lawyer finds out during a case that his client did in fact commit a murder, is he required by law to report it?
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If a lawyer finds out during a case that his client did in fact commit a murder, is he required by law to report it?
Asked on June 26, 2011 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, a lawyer does not need to report a crime that has already occured--even one as serious as murder; not only would doing so, if the lawyer found it out in the course of represenation, as your question suggests, be a violation of attorney client privilege, but as a general matter, while someone may not actively obstruct justice, there is no requirement for people to come forward, whether lawyer or not, with knowledge of crimes.
However, a lawyer is under an affirmative obligation to come forward if he believes his client is planning or about to commit a new serious crime. So if the lawyer knows or believes there is a new murder in the offering, the lawyer has to disclose that to the authorities, even if the knowledge came in the course of representation.
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