Could a defense lawyer assist a guilty plea if the client would have to tell the court facts the lawyer believed false?

Plain-English summary

A bad-check defendant denied intent to defraud and knowledge that the check would not be paid. The lawyer believed the client, but a guilty plea would require the client to say the opposite. An Alford plea was unavailable, and the client favored a guilty plea for economic reasons.

The opinion applied Rule 4-3.3: the lawyer could neither assist false information to the court nor remain silent while the client provided it. If the client insisted, the lawyer had to seek leave to withdraw.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the economic reason for pleading change the candor duty?

A: No. The opinion still prohibited assistance or silence while the client gave false information.

Q: What if the client insisted on the false statement?

A: The lawyer had to seek leave to withdraw.

Q: Was an Alford plea available on these facts?

A: No. The question stated that it was not an option.

Background and rules framework

The opinion applied Missouri Rule 4-3.3 to a proposed guilty-plea statement the lawyer believed would contradict the client's account.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-3.3

See also

• Missouri Informal Op. 970077: False name in plea
• Missouri Informal Op. 2015-01: Accuracy of pleading

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940033/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney has a client who has been charged with passing a bad check. The client states that he did not intend to defraud or know that the check would not be paid. Attorney believes the client. In order to plead guilty, the client must state the opposite of what he has told Attorney because an “Alford plea” is not an option. The client wants to plead guilty for economic reasons. ANSWER: Under Rule 4–3.3, Attorney may not assist his client in providing false information to the court. That rule also prohibits Attorney from standing silent while the client provides false information. If the client insists on providing false information, Attorney must seek leave to withdraw.