Confidentiality and lawyers.
Confidentiality and lawyers.
Author
Discussion

hedders

Original Poster:

24,460 posts

269 months

Thursday 3rd June 2004
quotequote all
Can any legal eagles tell me if this is true?

I heard that you are not allowed to discuss even thinking about committing an offence with your lawyer as they are bound by law to report you.

Is that right?

If I were to ask my lawyers advice about the ramifications of committing a crime, does he have to call the thought police?

tootler

89 posts

262 months

Thursday 3rd June 2004
quotequote all
hedders said:
Can any legal eagles tell me if this is true?

I heard that you are not allowed to discuss even thinking about committing an offence with your lawyer as they are bound by law to report you.

Is that right?

If I were to ask my lawyers advice about the ramifications of committing a crime, does he have to call the thought police?



Don't even think about it unless it's going to bring in some megabucks and you can offer him a big bung in his sky rocket.

towman

14,938 posts

261 months

Thursday 3rd June 2004
quotequote all
I believe this also applies to accountants and tax evasion!

streaky

19,311 posts

271 months

Thursday 3rd June 2004
quotequote all
hedders said:
I heard that you are not allowed to discuss even thinking about committing an offence with your lawyer as they are bound by law to report you.
hedders - what sort of offence were you thinking of committing with your lawyer? - Streaky

Dwight VanDriver

6,583 posts

266 months

Friday 4th June 2004
quotequote all
Whilst communications between Lawyer and Client in relation to the giving of legal advice to the Client can come under rule of Priviledge and therefore protected, Section 10 Police and Criminal Evidence Act 1984, which deals with these matters, does state:

"Items held with the intention of furthering a criminal purpose are not items subject to legal privilege "

So Mums the word eh?

DVD

gone

6,649 posts

285 months

Friday 4th June 2004
quotequote all
If you Have committed a crime and you tell your lawyer that you have done it, then he/she should advise you to plead guilty to the offence. There are occasions where he/she may find a satutory or common law legal defence to an alleged crime which he/she can exploit to its full advantage.

Most lawyers will tell you to plead guilty to anything you confess to which does not have this inbuilt protection.

If you go to your lawyer asking about a crime which you are about to commit, I think you will find that he/she is duty bound to report the fact to Police or other relevant authority.

There is nothing stopping you seeking advice from a lawyer about defences to certain offences and they will gladly tell you all they know. You could do this yourself by going to the library and researching the subject yourself. One Tome to refer to would be 'All England Law Reports'.

My advice is do not do it. If the crime is not worth the time (and most of them are not), find out about it by all means but leave it in the realms of fantasy!
Will your fantasy crime end up hurting or make someone else lose out as a result? If so, you need to think about your morals closely too!

hedders

Original Poster:

24,460 posts

269 months

Friday 4th June 2004
quotequote all
streaky said:

hedders said:
I heard that you are not allowed to discuss even thinking about committing an offence with your lawyer as they are bound by law to report you.

hedders - what sort of offence were you thinking of committing with your lawyer? - Streaky


can you keep a secret?

hedders

Original Poster:

24,460 posts

269 months

Friday 4th June 2004
quotequote all
gone said:


My advice is do not do it. If the crime is not worth the time (and most of them are not), find out about it by all means but leave it in the realms of fantasy!
Will your fantasy crime end up hurting or make someone else lose out as a result? If so, you need to think about your morals closely too!


I wasn't actually considering committing a crime but for the sake of argument, lets say i was weighing up the pro's and con's of bin bagging gatso's or something

gone

6,649 posts

285 months

Friday 4th June 2004
quotequote all
hedders said:


I wasn't actually considering committing a crime but for the sake of argument, lets say i was weighing up the pro's and con's of bin bagging gatso's or something


This would at least be 'attempting to pervert justice' if you were caught (7 years). I expect there would be some other stuff thrown in to the bargain to discourage such atrocious behaviour!

Dibble

13,253 posts

262 months

Friday 4th June 2004
quotequote all
hedders said:
I wasn't actually considering committing a crime but for the sake of argument, lets say a "friend" was weighing up the pro's and con's of bin bagging gatso's or something



>> Edited by Dibble on Friday 4th June 12:39

kevinday

13,644 posts

302 months

Friday 4th June 2004
quotequote all
gone said:


This would at least be 'attempting to pervert justice' if you were caught (7 years). I expect there would be some other stuff thrown in to the bargain to discourage such atrocious behaviour!


Yes, and you would probably lose your driving licence as well!

supraman2954

3,241 posts

261 months

Friday 4th June 2004
quotequote all
kevinday said:

Yes, and you would probably lose your driving licence as well!



Like Stuart Harding? He only held up a sign!

hedders

Original Poster:

24,460 posts

269 months

Friday 4th June 2004
quotequote all
gone said:

hedders said:


I wasn't actually considering committing a crime but for the sake of argument, lets say i was weighing up the pro's and con's of bin bagging gatso's or something



This would at least be 'attempting to pervert justice' if you were caught (7 years). I expect there would be some other stuff thrown in to the bargain to discourage such atrocious behaviour!


'attempting to pervert justice'

Justice is already perverse...where do we go from here?