The Truth and Nothing But The Truth

By Erin K. Komada, Esq. and Erin Zimmerer, Esq.

When working with an attorney, it is always best to give your attorney all the facts they need-- this includes the good, the bad, and the ugly.  It’s understandable that people are sometimes embarrassed by what they are accused of.  However, I cannot stress enough that you need to be honest with your attorney.  Attorneys rely on the facts provided by their clients to assess the strength of their clients' legal claims, to take or refrain from taking action, and to provide their clients with sound advice.  An attorney cannot effectively represent you, if they base your defense on what you tell them and the Commonwealth has evidence to the contrary.  Then not only is your attorney unprepared, but more than likely now the Judge knows  the client has not been honest with their attorney.  If you do not feel comfortable talking to the attorney you have, look for one  you are comfortable with.

Under the Rules of Professional Conduct, attorneys have the duty of confidentiality with respect to their clients, and disclosure of information is limited by these rules.  Attorneys can reveal information implicitly authorized to carry out representation, and must reveal information to comply with attorneys' duties of candor to the Court.  The duty of confidentiality continues after the representation is concluded.  Given  the attorney must protect the information  his or her client provides, it is in the client's best interests to inform the attorney of all facts that may be relevant to the case.  Hiding facts from your attorney can impact your attorney's ability to you and it is better to have a discussion about a possible negative fact in your attorney's office than to have this negative fact brought out by opposing counsel while you are on the witness stand.

An attorney knowing a person’s guilt still fights to put the burden of proof on the prosecutor.

If you are in need of expert criminal defense, call 717 657 7770 to consult with an attorney.