July 7, 2013 – Catechism 2488 – 2499

I have read stories about attorneys that heard a client confess to a crime that someone else was convicted for.  The person convicted was serving life in prison, but the attorney could not say anything because of the privilege that goes between them and a client.  This becomes the issue as to what a person must do and what they might lose.  Is breaking that privilege worth your livelihood and family because you most certainly would lose your license to practice if you broke that confidence?  Is your client telling the truth about the crime, because clients don’t tell their attorneys the truth any more than they tell anyone else the truth, trust me?  Would this confession by someone else be enough to get the person convicted off?  Remember that they were found guilty by a court or juries and that they were found guilty beyond a reasonable doubt.  Those are not easily overturned and the confession of another criminal might not be believed or enough.  So, it is not as easy as you might think.  In the story I read, when the confessor died, the attorneys brought forth the confession and worked diligently to get the wrongly convicted man out of jail, but many would think they should have acted sooner.  I hope I am never in that situation.  Clients have told me things that I cannot share, but it has never come to a level like that.  When you are sworn it, you make an oath to follow rules.  Part of that is keeping confidence with your clients.  Breaking that not only breaks your license, but your oath.  It is a question to chew on.