Publication Date
Winter 2009
Journal
Southern California Interdisciplinary Law Journal
Abstract
The article explores the ethical dilemma faced by criminal defense lawyers when they know their client is factually guilty but the client insists on a vigorous defense. It examines the tension between the lawyer’s duty of zealous representation and the duty of candor toward the court, proposing a compromise that allows lawyers discretion to choose between strong or weak adversarial approaches based on the context. The analysis draws on historical cases, such as the Courvoisier case of 1840 and the modern case of Steven Feldman, as well as insights from popular culture and literary sources, to argue that the discretionary approach in the ABA Model Rules is a pragmatic solution to this complex issue.
Volume
18
Issue
2
First Page
229
Last Page
258
Publisher
University of Southern California (USC) Gould School of Law
Disciplines
Evidence | Law | Legal Ethics and Professional Responsibility
Recommended Citation
Michael Asimow & Richard H. Weisberg,
When the Lawyer Knows the Client is Guilty: Client Confessions in Legal Ethics, Popular Culture, and Literature,
18
S. Cal. Interdisc. L.J.
229
(2009).
https://larc.cardozo.yu.edu/faculty-articles/1287
