A solicitor's client tells her, before a hearing, that he committed the burglary he is charged with, but wishes to plead not guilty. What may the solicitor do?
Answer and explanation
Correct answer: D. Continue acting and put the prosecution to proof, but not assert innocence or advance a case contrary to the confession
- Step 1: The solicitor owes duties to the court and confidentiality to the client.
- Step 2: A solicitor may put the prosecution to proof, but must not mislead the court.
Answer
Continue acting and put the prosecution to proof, but not assert innocence or advance a case contrary to the confession.
Why not the others: Asserting innocence would mislead the court; disclosure to the court or prosecution would breach confidentiality.
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