May 28, 2019

Is It Your Solicitor’s Role to Say Exactly What You Want Them to?

The role of a solicitor is to provide you with legal advice.

Our goal is to make sure no legal action is taken against you, or that you win the case you’re battling.

Therefore, it is in both our best interests to do what makes you more likely to win your case.

However, this does not mean solicitors will say exactly what you want them to.

Confidentiality between you and your solicitor

Anything communicated between you and your solicitor is confidential. It doesn’t matter if it’s written or spoken.

However, this does not mean there are no situations in which the information discussed can be disclosed.

The solicitor is permitted or is compelled by law to disclose;

At times, solicitors may be compelled by law to disclose confidential information that was communicated.

An example of this could be your solicitor being served a subpoena.

This means the court has submitted a legal document that requires your solicitor to provide evidence for trial.

If your solicitor does not comply, a warrant for their arrest may be issued.

Confessions of guilt and a solicitors responsibility

If you’re guilty and admit this to your solicitor, while maintaining a plea of not guilty — the actions of which your solicitor can take become limited.

At this point, even if you want your solicitor to say specific things, they are unable to do so as they must adhere to the rules of conduct.

This means that they are unable to suggest that another party has committed the crime and instead must argue for lack of evidence to prove guilt, or that you should not be convicted of the crimes charged.

Solicitors can’t say EXACTLY what you want them to, but they say everything they can to help you win

Your solicitor’s role is to keep everything in your best interest. Although this doesn’t mean they can say anything, it’s the best they can do.

Unless you find a solicitor willing to get themselves thrown into jail, there’s nothing more that can be done.

Remember, our job is to do everything we can to help you win, while still remaining within the confines of the law.

Have any more questions regarding solicitors and what they can/can’t do? Leave a comment below.