QUESTION

Can a Lawyer make promises to a client.

Asked on Aug 24th, 2011 on Criminal Law - Ohio
More details to this question:
N/A
Report Abuse

1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
Update Your Profile
Lawyers can make some promises to a client. They can promise to use their best efforts on your behalf; to devote as much time is necessary to your legal case; to adequately research and investigate possible defenses to the charges; and to be available to consult with you and answer your questions. One thing no lawyer can promise or guarantee is the result of a contested court proceeding. If a lawyer promises you when taking your case that he or she will win your case at trial, find another lawyer. Criminal cases are rarely "open and shut." There are many variables, and while a lawyer may have an opinion as to the likely result, based upon their experience in similar matters, perhaps before the same judge or prosecutor or going up against the same police officers, they do not have a crystal ball. Under the rules of professional responsibility in most (if not all) states, no lawyer can guarantee a particular outcome in a contested case. There are simply too many factors involved, including but not limited to, the particular facts of your case, the prosecutor and judge assigned to it and the availability of prospective witnesses for each side by the time the case goes to trial. If your lawyer is recommending a specific plea bargain, make sure the terms are in writing, that you fully understand them and that any promises as to your sentence are clearly stated. Some judges will not be bound by agreements between prosecutors and defense counsel. If your agreement doesn't state the judge is bound by the agreement, or that you can withdraw your guilty plea if the judge decides not to go along with the agreement, you should not rely on anyone's promise you will receive a particular sentence.I recommend you ask your lawyer to put any specific promises to you in writing.  And when interviewing a lawyer to take your criminal case, if he or she guarantees you a particular outcome, consider retaining a different lawyer.
Answered on Aug 25th, 2011 at 2:48 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters