The fundamental rule of the lawyers is that the guilt or innocence of the accused or the civil responsibility of a defendant is with the discoverer of the facts, not with his lawyer. In criminal cases, this right is guaranteed by the Sixth and Fourteenth Amendments to the US Constitution, and is usually present in each state constitution as well. The Sixth Amendment to the United States Constitution states: “[i]In all criminal proceedings, the accused shall enjoy the right…to have the assistance of counsel for his defense.” Section I of the Fourteenth Amendment requires states to provide attorneys for indigent criminal defendants, thus that this rule applies to everyone’s day-to-day life. Gideon vs. wainwright372 US 335, 342 (1963).
The attorney works within a framework of rules that prohibit the disclosure of adverse information reported by the client, except when necessary to prevent imminent death or substantial harm. For example, Kentucky Supreme Court Rule 3.130 (1.6) requires an attorney not to disclose information unless it is necessary to do her job as an attorney, and that can even include admitting that the attorney represents the client! In this way, the client can decide in a criminal case whether he pleads guilty, whether he accepts any negotiated settlement and even whether he testifies at trial. The attorney cannot insist that the client do what the attorney thinks is best. Even if the client has admitted to his attorney that he committed the crime charged, the attorney cannot insist that the client plead guilty to the charge.
There is no right to appointed counsel in civil cases, unlike in criminal cases, and one of the difficulties for civil litigants is finding the right attorney. When a person consults with an attorney about whether the attorney would be the right attorney for a case, that conversation is confidential. Again, there are circumstances where the attorney may be forced to disclose the contact, but they are very few. Many people feel that they cannot afford to hire an attorney, but attorney fees are not unlimited. Although there is no constitutional right to an attorney in a civil case, court rules impose limits on fees charged by attorneys; Those rules prohibit an attorney from charging excessive fees and often define the factors that must be considered in determining whether the fees are reasonable.
