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?
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!
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
