My client is charged with murder, maintains his innocence, but wants to plead guilty or nolo for reasons I think are poor. Can I let him plead, and what are my options if I disagree?

Plain-English summary

The inquiring attorney represented a client charged with murder who maintained his innocence but felt it was in his best interests to plead guilty or nolo contendere. The attorney believed the client's reasons for wanting a plea arrangement were poor. The client, who was neither uneducated nor incompetent, stated that he possessed exculpatory evidence unobtainable from any other source and had described its nature to the attorney. The attorney asked three questions: whether it would be ethical to allow the client to admit guilt or plead nolo contendere; whether the attorney may compel production of the evidence; and whether, if the evidence exists, the attorney may ethically proceed to trial without it or should move to withdraw for lack of cooperation.

The panel identified Rule 1.2 (Scope of Representation), Rule 1.6 (Confidentiality of Information), and Rule 1.16 (Declining or Terminating Representation) as applicable. Rule 1.2 provides that in a criminal case the lawyer shall abide by the client's decision, after consultation, as to the plea to be entered. Rule 1.16(b) permits withdrawal, including where the client insists upon pursuing an objective the lawyer considers repugnant or imprudent.

The panel concluded that Rule 1.2 requires the attorney to abide by the wishes of the client if the attorney continues the representation. It took the position that the attorney may seek to withdraw under Rule 1.16(b)(3) if the attorney considers the client's objectives repugnant or imprudent. The panel stated that this position renders moot the other questions posed by the inquiry.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 1.2, 1.6, and 1.16 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can I let my client plead guilty when he maintains innocence but insists on the plea?

A: Under this opinion, if you continue the representation, Rule 1.2 requires you to abide by the client's decision on the plea; in a criminal case the plea is the client's decision to make after consultation.

Q: If I think the plea is a bad idea, what can I do?

A: Per the opinion, the attorney may seek to withdraw under Rule 1.16(b)(3) if the attorney considers the client's objective repugnant or imprudent.

Q: Did the panel address compelling the exculpatory evidence or going to trial without it?

A: No. The panel stated that its position on Rule 1.2 and withdrawal rendered the other questions moot, and it did not separately resolve them.

Background and rules framework

The opinion applies Rule 1.2 (Scope of Representation), Rule 1.6 (Confidentiality of Information), and Rule 1.16 (Declining or Terminating Representation), corresponding to Model Rules 1.2, 1.6, and 1.16. Rule 1.2 reserves the plea decision to the client in a criminal case after consultation, and Rule 1.16(b)(3) permits withdrawal where the client insists on an objective the lawyer considers repugnant or imprudent. The panel resolved the inquiry on those two provisions and did not reach the confidentiality or evidence questions.

Citations and references

Rules of Professional Conduct:

• MR 1.2 (scope of representation; client controls the plea)
• MR 1.6 (confidentiality of information)
• MR 1.16 (declining or terminating representation)
• RI RPC 1.2, RI RPC 1.6, RI RPC 1.16

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-39: Disclosing an Adverse Change in the Criminal Law
• RI EAP Op. 91-37: When a Client Refuses to Pay Medical Bills From a Settlement

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-04.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-4, Request #32
Issued February 20, 1991

An attorney seeks Panel advice concerning the attorney's obligations under the Rhode Island Rules of Professional Conduct when a client who is charged with murder maintains his innocence, but feels it is in his best interests to plead guilty or nolo contendere to the charge. The attorney believes the client's reasons for wanting a plea arrangement are poor. The client is not uneducated and is not incompetent.

The client states that he is in possession of exculpatory evidence which is unobtainable from any other source. The client has described to the attorney the nature of this exculpatory evidence.

The attorney asks three questions: Would it be ethical for the attorney to allow the client to admit guilt or plead nolo contendere? May the attorney compel production of this evidence? If this evidence does exist, may the attorney ethically proceed to trial without the evidence or should the attorney move to withdraw for lack of cooperation by the client?

The following provisions of the Rhode Island Rules of Professional Conduct are applicable to the fact situation presented for Panel review.

Rule 1.2 Scope of Representation

(a) A lawyer shall abide by a client's decisions concerning the objective of representation . . . and shall consult with the client as to the means by which they are to be pursued . . . In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

Rule 1.6 Confidentiality of Information

(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation . . .

Rule 1.16 Declining or Terminating Representation

. . . (b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if . . .

(3) the client insists upon pursuing an objective that the lawyer considers repugnant or imprudent.

The Panel is of the opinion that Rhode Island Rule of Professional Conduct 1.2 requires the attorney to abide by the wishes of the client if the attorney continues in the representation. The Panel takes the position that the attorney may seek to withdraw from representation of this client under Rule 1.16(b)(3) if the attorney considers the client's objectives repugnant or imprudent. The Panel believes its position renders moot the other questions posed by this inquiry.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.