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Lawyer incriminated me (self.legaladvice)

Legalsupport1 が 投稿

[NY] So I consulted with a lawyer for free 1 hour and told him my whole situation. I told him I want him to be my lawyer and that I want him to talk with the police and next time I see him I will pay him his money and he will update me on what they said.

I went to another lawyer who is cheaper and better and hired him and forgot about the other one. Same thing, he knows the whole situation and he will talk to them and update me, except I paid him this time.

The second lawyer called them, and said the first (free) lawyer also called them before and told them I did this and that and that I will plead guilty.

He basically incriminated me and said I did this and that and gave them info and said I'll plead guilty. All this is before a case even started (I was suspected of commiting a crime, not charged or arrested)

I believe the free lawyer did this on purpose because he actually wants me to go to trial for this so called federal crime so he can get more money. I did not pay him any money at all, and he told them he is my lawyer and I did this and that and I will plead guilty. All this before a case was even started. He basically gave them info they're looking for.

What is up in this situation

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[–]QueenElizatits 3ポイント4ポイント  (2子コメント)

said I'll plead guilty

he actually wants me to go to trial

I'm confused

[–]Legalsupport1[S] -1ポイント0ポイント  (1子コメント)

He told them I did this and that, and that I will plead guilty.

I believe he did this on purpose to make me go on trial so he can get more money. He incriminated me and told them stuff a lawyer isn't supposed to say

[–]psycho_admin 5ポイント6ポイント  (0子コメント)

If he told them you would take a guilty plea then you won't be going to court so he wouldn't be getting more money. As such your statement of him trying to make you plead guilty so you go to trial makes no sense. A plea deal will net him less money then a long drawn out trial.

If the lawyer was trying to work out a plea for you as a general rule of thumb nothing he said can be used against you in trial so if you do go through with a trial it can't hurt you.

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Original Post:

Lawyer incriminated me

So I consulted with a lawyer for free 1 hour and told him my whole situation. I told him I want him to be my lawyer and that I want him to talk with the police and next time I see him I will pay him his money and he will update me on what they said.

I went to another lawyer who is cheaper and better and hired him and forgot about the other one. Same thing, he knows the whole situation and he will talk to them and update me, except I paid him this time.

The second lawyer called them, and said the first (free) lawyer also called them before and told them I did this and that and that I will plead guilty.

He basically incriminated me and said I did this and that and gave them info and said I'll plead guilty. All this is before a case even started (I was suspected of commiting a crime, not charged)

I believe the free lawyer did this because he actually wants me to go to trial for this so called federal charge and get more money. I did not pay him any money at all, and he told them he is my lawyer and I did this and that and I will plead guilty. All this before a case was even started.

What is up in this situation

[–]Happy_Bridge 3ポイント4ポイント  (2子コメント)

What did your actual lawyer say about this?

Once he straightens this out, complain about the bad lawyer to the state bar.

[–]Legalsupport1[S] 0ポイント1ポイント  (1子コメント)

My actual lawyer said to not speak with the free lawyer at all not one bit, that's all I remember

[–]Happy_Bridge 2ポイント3ポイント  (0子コメント)

You need to contact your actual lawyer to see what he is going to do to rescind or vacate any action that the bad lawyer executed on your behalf.

[–]DeltaBlack 0ポイント1ポイント  (0子コメント)

I'll try to explain your actions to you:

So I consulted with a lawyer for free 1 hour and told him my whole situation. I told him I want him to be my lawyer and that I want him to talk with the police and next time I see him I will pay him his money and he will update me on what they said.

So you hired this lawyer. You told him to represent you.

I went to another lawyer who is cheaper and better and hired him and forgot about the other one. Same thing, he knows the whole situation and he will talk to them and update me, except I paid him this time.

So you hired another lawyer, but didn't tell the first lawyer. At this point both had good reason to believe that they were your lawyer.

The second lawyer called them, and said the first (free) lawyer also called them before and told them I did this and that and that I will plead guilty.

So the first lawyer did exactly what your second lawyer would have done.

He basically incriminated me and said I did this and that and gave them info and said I'll plead guilty. All this is before a case even started (I was suspected of commiting a crime, not charged or arrested)

That's exactly what both lawyers wanted to do.

I believe the free lawyer did this on purpose because he actually wants me to go to trial for this so called federal crime so he can get more money. I did not pay him any money at all, and he told them he is my lawyer and I did this and that and I will plead guilty. All this before a case was even started. He basically gave them info they're looking for.

As you have been told: A plea agreement is much cheaper for you than a criminal trial. You would have a point if he had caused you to go to trial, but your whole case seems to be based on a plea agreement not a defense in a criminal trial.

What is up in this situation

You're being cheap.

[–]noteven0s 0ポイント1ポイント  (12子コメント)

State would be important, as well as the particular facts. I cannot believe an attorney would violate privilege so casually. Telling your attorney facts told him? That is entirely different.

Deal with your criminal problem first. I don't believe a breach happened. Even if it did, what are your damages? If your now attorney knows what you would have done, get another attorney. Problem solved.

If you think the attorney violated attorney/client privilege, make an ethics complaint.

[–]thepatman 8ポイント9ポイント  (8子コメント)

I cannot believe an attorney would violate privilege so casually.

I doubt strongly that he did. I bet what happened is that the first lawyer - who was OP's actual lawyer at the time - called the prosecutors and attempted to negotiate a plea. Which likely included an offer for an actual plea of guilty(as opposed to a no contest) and a discussion of facts he'd likely agree to.

It's very unlikely this attorney told the prosecutor anything they don't already know.

[–]noteven0s 0ポイント1ポイント  (0子コメント)

I agree. Even more, I don't think the OP is complaining about what was told the prosecutor, but what was told to the new attorney.

[–]Legalsupport1[S] -1ポイント0ポイント  (6子コメント)

He wasn't really my actual lawyer, just a lawyer I consulted with. This second lawyer that told me he said that is the actual one I'm paying.

No he told them something they had no knowledge of. Please elaborate because they did not know anything he told them

[–]thepatman 7ポイント8ポイント  (3子コメント)

He wasn't really my actual lawyer

Yes, he was. You authorized him to speak on your behalf, and you agreed to pay him for his services. He was your lawyer. He may no longer be your lawyer, but he was at the time.

No he told them something they had no knowledge of.

I doubt that highly. He may have communicated to them that you were willing to plead to some facts that they didn't otherwise have 100% sewn up; but it's strongly doubtful he volunteered new, incriminating information.

Even if he did, that's not admissible evidence.

[–]FlareCorran 0ポイント1ポイント  (2子コメント)

You authorized him to speak on your behalf, and you agreed to pay him for his services.

How common is it for an attorney to actually do anything before they have signed papers and a check?

[–]pottersquash 2ポイント3ポイント  (0子コメント)

Depending on case. Sometimes you have to. Client calls on the phone, tells you they need you to be an attorney. Attorney gets to work. Ethically, depending on the facts, we actually can't wait on that. Imagine if you were arrested and being questioned. You use your one phone call to call me. Well, I am getting my ass over there and getting you out asap. Can't wait for your mom to bring a check.

[–]ddxquarantine 1ポイント2ポイント  (0子コメント)

I can't speak to US crim law, but in Canada this happens literally 24/7, to an extent. When the police give the drunk guy his phone call before making him blow, at 2 in the morning, the lawyer he just picked randomly from the phone book is not faxing a retainer agreement to the police station, nor is he writing down credit card numbers before providing a few minutes free legal advice. There's no point, because the potential client is probably too drunk to make a contract anyhow. You tell him to blow, not to say anything and to call your office first thing in the morning if he's charged. EDIT: Worth noting, in Canada you have right to consult a lawyer but do NOT have a right to have a lawyer actually present during questioning.

[–]tangential_quip 2ポイント3ポイント  (0子コメント)

In your first paragraph you say you authorized him to speak to the police on your behalf. Did you or didn't you?

[–]FoghornLawhorn 1ポイント2ポイント  (0子コメント)

How much was attorney #1 going to charge you? More or less than $3,000?

[–]Legalsupport1[S] -2ポイント-1ポイント  (2子コメント)

NY I cannot believe either My damages is that he told them information that a prosecutor, NOT an attorney would say.

What happens after this ethics complaint?

[–]pottersquash 2ポイント3ポイント  (0子コメント)

If they find he committed an ethics or professionalism violation he will be sanction. Honestly, without any more details, I don't see what he did wrong.

[–]noteven0s -1ポイント0ポイント  (0子コメント)

Nothing that helps your case or leads to damages. It only [might] hurt the attorney. Maybe. Really, really slightly; maybe.