If a client seeks their lawyer's advice on a matter that could be illegal or expose them to criminal liability, and the client uses the advice to commit a crime or act of fraud, the attorney could be asked to
testify against their client.
Tax consultants can also be asked to
testify against their clients.
Lawyers can not be forced to
testify against their clients or potential clients who have consulted them.
Or, can an attorney be put under oath and compelled to
testify against his client in such an event?
A lawyer can not be compelled to
testify against their client.
Not exact matches
All told, the facts of the case that prosecutors appear to be building around Cohen's work and those «privileged communications» between Cohen and his
clients could, in theory, prompt those prosecutors to call Cohen to
testify against his own
clients.
In the original, it's an attorney who
testified against Cady, but the remake brilliantly switches it to Cady's defense attorney (Nick Nolte) who made the decision to bury some information that might have helped his
client.
They may even be asked to
testify against any of their former or current
clients in a court of law.
Clearly (as the answers there agreed) attorney -
client privilege does not apply to a non-existent conversation; the attorney can be called and must
testify «there was no conversation when I advised that», even if privilege prevents him from adding «actually I advised
against it».
When working with
clients or witnesses, lawyers should be aware of the prohibition
against assisting, whether deliberately or not, a witness to
testify falsely.
My
client agreed to
testify against an alleged co-conspirator, and we were all waiting for the prosecutor to arrive.
If the privilege is available, advantages of asserting the privilege include that the
client may be prevented from making statements in a civil proceeding that could be used
against him or her in future criminal or civil proceedings or private civil litigation.82 In addition,
testifying in a civil or criminal proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same proceeding and any future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in civil or administrative proceedings from an individual's assertion of Fifth Amendment rights in a prior civil or administrative proceeding.84 Moreover, an individual's assertion of the privilege in a civil proceeding could factor into law enforcement's charging decisions.
And as Larry Ribstein has repeatedly pointed out, it doesn't say much for our criminal justice system that the government is paying witnesses to
testify against Lerach for the crime of paying his class representative
clients.
Conceivably one could question the guardian ad litem (at least in a custody case) regarding discussions the guardian may have had, or not had, with witnesses who provided damaging affidavits
against one's
client but who failed to
testify at trial.
In a novel version of «Perry Mason,» the fictitious (mostly TV) lawyer called the actual perpetrator of the crime to the stand, as a direct witness because she had declined to
testify for the prosecution (
against Mason's
client).
Also, in future, Realtors may be subpoenaed to go to court to
testify against their own
client, if it ever gets to that.