On first meeting to lawyer should accuse will reveal secret

uganti (Querist) 03 July 2020 This query is : Resolved
when a accuse wish to show his FIR (first time ) to advocate
1.should he tell to lawyer that he has mens rea in theft case or he should not disclose this on very first meeting ??
2.or after 2nd or 3rd meeting he can disclose ?? or never disclose ?
3 if he wants this lawyer to handle his case what should he do ?

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Rajendra K Goyal (Expert) 04 July 2020
Seems classroom problem.

How are you concerned?

What are the facts of the case if any?

Message likes : 1 times

Rajendra K Goyal (Expert) 04 July 2020
You said:
1.should he tell to lawyer that he has mens rea in theft case or he should not disclose this on very first meeting ??

Reply:

The lawyer should be replied the questions asked by him on the basis of FIR and available record.

You said:
2.or after 2nd or 3rd meeting he can disclose ?? or never disclose ?

Reply:

No rule can be drawn, depend on circumstances and situation.

Message likes : 1 times

Rajendra K Goyal (Expert) 04 July 2020
You said:
3 if he wants this lawyer to handle his case what should he do ?

Reply:

Should proceed as per situation, should not hide / keep secrete anything when required by the lawyer. Lawyer generally proceed on the situation and circumstances available on record and avoid to put his client in embarrassing situation.

Message likes : 1 times

uganti (Querist) 04 July 2020
THANK YOU RAJENDRA K GOYAL SIR FOR U R REPLY

Rajendra K Goyal (Expert) 04 July 2020
You are welcome, may revert in case of further question.

Dr J C Vashista (Expert) 04 July 2020
You did not respond to the valid and relevant questions raised by expert Mr. Rajendra K Goyal qua the questions put for examination.

Dr J C Vashista (Expert) 04 July 2020
If an accused want some legal assistance from a lawyer engaged by him/ her the accused has to disclose each and every favourable and unfavourable information, at the first instance and not in peace-meal.

Dr J C Vashista (Expert) 04 July 2020
What are the contents of FIR, under which provision of Indian Penal Code, 1860 the FIR has been registered and where (in which state / police station etc.), if it is a real and not a time pass query ???

P. Venu (Expert) 04 July 2020
What are the facts? What is the context?

K Rajasekharan (Expert) 06 July 2020
Some ethical advocates do not want from his client to know whether the client committed or not committed the guilty act which will have to be challenged in the court because what the defence counsel is going to argue in the court is not that his client has or has not done the crime but what the prosecution is trying to prove is unconvincing and wrong.

The advocate's job is not to prove the innocence of his client but to pick holes and disprove the prosecution story, logically procedurally and substantively.

This idea has been the subject of my article at http://lawwatch.in/2020/04/13/Ethics%20of%20defending%20a%20Client/

Guest (Expert) 06 July 2020
An Very Good Article by Advocate Mr.K.Rajasekharan -- Appreciated

Rajendra K Goyal (Expert) 06 July 2020
Thanks to expert K. Rajasekharan for his article and information.

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