Enter a Guilty Plea
A client facing criminal charges will likely feel pressure or high levels of stress at the time of plea. A lawyer or limited licensee should not push a client to plead guilty if the client does not want to. They should not take away the client’s free choice by using pressure or unfair tactics.
It is not considered ‘pressuring’ conduct for a lawyer or limited licensee to be honest and candid with their client. This includes:
- giving the client all of the information known to the lawyer or limited licensee that may affect the client’s interests; or
- telling the client what they really think about the strength of the case, the evidence, the chances of conviction, and the likely result of a plea.
Being firm but not rude does not break the lawyer or limited licensee’s ethical rules. Sometimes they may need to explain the worst-case scenario so the client can make an informed choice.
A lawyer or limited licensee may enter into an agreement with a Crown prosecutor about a guilty plea if the lawyer or limited licensee advises the client about:
- the prospects for an acquittal or finding of guilt; and
- the implications and possible consequences of a guilty plea.
The client must also voluntarily:
- be prepared to admit the necessary factual and mental elements of the offence; and
- instruct the lawyer or limited licensee to enter into the agreement.
If you believe your lawyer or limited licensee inappropriately pressured you into accepting a guilty plea, submit a complaint.