Can My Lawyer Lie to Me?

January 4, 2021

By DFW Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.texasdefensefirm.com

Your lawyer can absolutely never lie to you.  Texas Rule of Professional Conduct 8.04(a)(3) says a lawyer cannot, “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”  If your lawyer has lied to you then they’ve broken this rule.

The Texas Disciplinary Rules of Professional Conduct is modeled off of other national and state model rules — and I’d be surprised if any other State didn’t have similar honesty or candor requirements.

Instances Where Disciplinary Rules Require Honesty in Specific Situations:

  • A client is entitled to straightforward advice expressing the lawyer’s honest assessment.  Rule 2.01, Comment 1.
  • A lawyer is required to give an honest opinion about the actual consequences which appear likely to result from a client’s conduct – particularly in regard to potential future criminal actions of a client.  Rule 1.02, Comment 7.
  • A lawyer cannot make a legal argument based on a knowingly false representation of law.  Rule 3.03, Comment 3.
  • A lawyer should deal with a non-adjudicative proceeding honestly as if it were a courtroom setting.  Rule 3.10, Comment 1.
  • Lawyers are required to report professional misconduct which raise questions as to other lawyer’s honesty, trustworthiness or fitness to practice law.  Rule 8.03(a).

And there are even more examples in the rules.  As you can see – lawyers have honesty and integrity drilled into their heads in law school and after.

Honesty, Tactfulness and “Bedside Manners”

The attorney-client relationship is also founded upon trust.  Folks who come to my office have to trust me.  Part of developing that trust is showing basic decency and honesty.  If I agreed with every single thing a prospective client told me as far as their opinions, views and concerns about potential outcomes – they’d probably smell a rat.  They know I’m being honest when I dig deeper into their issue which often involves correcting a misimpression they may have about something.

What many lawyers struggle with is not honesty but tact.  Tact is the ability to deal with others on sensitive issues.  “Bedside manners” is another term for tactfulness in my view — referring to a doctor’s ability to deliver bad news in a constructive, compassionate and more meaningful way than just flinging it at the patient.

I’ve spoken with many people over the years who want to ditch their lawyer because their lawyer made them panic unnecessarily.  I always hate hearing that and I often do my best to steer the client back to that lawyer give them another chance.

I’ve learned many lessons over the years about how to constructively deliver news or thoughts my client might not want to hear.  My hope is even though the news may not be the best – it can at least help fortify the attorney-client relationship I have with my client.

Dishonesty

There is just no room for it in legal representation.  It degrades the attorney-client relationship and sets up unrealistic expectations which usually don’t get met.

*Jeremy Rosenthal is certified in criminal law by the Texas Board of Legal Specialization.  He is currently designated as a Super Lawyer by Thomson Reuters.

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Places You Can’t Carry a Firearm in Texas

August 7, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Texas Penal Code 46.03 is titled, “Places Weapons Prohibited” and specifically lists the places you can’t carry a firearm under Texas law.

Though the most complete list with the entire text is provided in the link to the statute above, prohibited places include both public and private schools, polling places when voting is in progress, government offices, and secure areas of airports.

Other, less obvious places include racetracks and within 1,000 feet of premises designated by the Texas Department of Criminal justice on a day that a death sentence is to be imposed.

Currently, under Tex.Pen.C. 46.03(f), it is not an affirmative defense to these offenses if the person carries a concealed handgun pursuant to Subchapter H, Chapter 411 of the Government code.  Proposed amendments to this provision which would have allowed concealed weapons on college campuses failed during the recent Texas legislative session.

Offenses under this chapter are third degree felonies.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice as to any specific situation you should contact an attorney directly.

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The Attorney – Client Privilege

May 2, 2010

The attorney client privilege prevents an attorney from revealing confidential communications and other facts they have learned by reason of the attorney-client relationship.

For criminal cases in Texas, the attorney client privilege is controlled by Texas Rule of Evidence 503(b)(2) which is called the “special rule of privilege in criminal cases.”  That rule states, “in criminal cases, a client has a privilege to prevent the lawyer or lawyer’s representative from disclosing any other fact which came to the knowledge of the lawyer or the lawyer’s representative by reason of the attorney-client relationship.”

A confidential communication is defined by the rules as a communication “… not intended to be disclosed to third persons…”  I put the words in bold above to highlight the fact that the criminal privilege is even broader than the privilege in civil cases.  This means that the lawyer cannot reveal any communication not intended to be disclosed to third persons nor any other fact which came to the knowledge of the lawyer by reason of the attorney client relationship.

Here’s what this means in English for Texas criminal cases:  virtually everything your lawyer knows about the case (assuming he learned it from you or by investigating your case) is privileged.  The lawyer cannot be compelled by law enforcement or even a judge to disclose confidential information.  If you take the Texas rule to it’s logical extreme — even the mere fact that you visited with an attorney could be considered privileged information!  This goes for situations where you’re actually charged with a crime or even just the subject of an investigation.

The attorney-client privilege is an extremely important and powerful privilege for the reason that without it — an individual may never confide in their attorney critical information needed for their defense.  People charged with crimes can and do still feel tepid at times revealing information to their attorney.  Whether that be for lack of trust or for mere embarrassment — the law does everything possible to facilitate communication between you and your attorney.

As with practically everything in the law — there are exceptions.  An attorney may not aid the furtherance of a crime or a fraud and communications regarding the same are not privileged.  Also an attorney has an affirmative duty to report the abuse or neglect of a child or to report a situation where someone may be in immanent danger.  As a general rule, if the facts or disclosure is about something that has happened in the past in a criminal case — then it will almost always be privileged.

The attorney – client privilege is at the cornerstone of the lawyer – client relationship and is one of the fundamentals of our criminal justice system.

Jeremy F. Rosenthal, Esq.

(972) 562-7549

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For specific legal advice about your case you should directly consult an attorney.

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