Marathon, FL asked in Criminal Law and Legal Malpractice for Florida

Q: My attorney told the detective that "my clients aren't always truthful" when fishing for info. Is that an IAC claim?

Upon agreeing to be my counsel, he called the detective investigating me in an alleged criminal matter, to see what the investigation was about. The detective told him to talk to me. He (the attorney) then said his clients aren't always truthful with him. Could this be considered an example of mistrust and/or bias on the part of my attorney which I could bring up in a ground for an Ineffective Assistance of Counsel claim in an appeal?

2 Lawyer Answers

Gary Kollin

Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Are you at an appeal stage? Have you resolved your case in the trial court?

Did you know about but stay with the attorney?

The courts do not favor a GOTCHA situatuion!

Kevin John Mawn

Answered
  • Criminal Law Lawyer
  • Titusville, FL
  • Licensed in Florida

A: I don’t see this as IAC claim unless the attorney divulged confidential information. Saying Client’s in general don’t tell the truth doesn’t necessarily mean you won’t tell the truth. Secondly, it sounds as if your lawyer was just trying to defuse the officer’s request to speak to you. You should discuss this issue with your lawyer to resolve the tension his statement has caused you. If you can’t resolve the issue, find another lawyer. Keeping him/her to create an IAC claim is not a sound defense strategy.

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