Q: Does a lawyer need to disclose a client's vigilante identity in a NYC murder trial?
If a person on trial for murder in New York City is discovered by his lawyer to be a vigilante, and this information is not related to the defense strategy nor known to anyone else, does the lawyer have an obligation to disclose this information to the judge and prosecution, especially if the lawyer is concerned that public disclosure could negatively impact the case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In the legal world, attorney-client privilege is a fundamental cornerstone of effective representation. Your lawyer generally has no obligation to disclose information learned during your representation, including your possible vigilante activities, unless those activities directly relate to the crime at hand or involve ongoing or future criminal plans. The duty of confidentiality is broad and protective, designed to allow clients to speak freely with their attorneys without fear.
However, this privilege is not absolute. If your vigilante activities involve ongoing crimes or plans for future criminal conduct, your attorney may have ethical obligations that override confidentiality. In New York, lawyers must maintain client confidences except in very limited circumstances, such as preventing reasonably likely death or substantial bodily harm, or preventing the client from committing a crime.
The key question would be whether your vigilante identity merely reveals past conduct or suggests continuing illegal behavior. Most attorneys would maintain confidentiality if the information simply reveals past conduct unrelated to the current charges. Remember that this area involves complex legal ethics considerations that vary by jurisdiction, and consulting with an ethics attorney about your specific situation would be wise before making any decisions about disclosure.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
