Practice question from The Client-Lawyer Relationship

A criminal defense attorney is representing a defendant charged with robbery. The defendant tells the attorney: 'I want to plead guilty even though I didn't do it. I just want this over with.' The attorney believes the client is innocent and that the prosecution's case is weak. Can the attorney refuse to allow the client to plead guilty? A. Yes, because attorney believes client is innocent B. Yes, because attorney has a duty to advocate zealously C. No, the decision to plead guilty belongs to the client D. Yes, if attorney explains the weak prosecution case E. No, unless court approves the guilty plea

Answer

C

Explanation

Under Rule 1.2(a), in criminal cases, the client makes the fundamental decisions including whether to plead guilty or not guilty. This is one of the client's most important rights and cannot be overridden by the attorney, even if the attorney believes the client is innocent or is making a terrible decision. The attorney should: (1) explain the consequences of pleading guilty, (2) explain the strength of the prosecution's case, (3) advise strongly against pleading guilty if the attorney believes it's a mistake, but (4) ultimately respect the client's decision. The court must still approve the guilty plea (finding factual basis, ensuring it's knowing and voluntary), but the attorney cannot refuse to present the client's desired plea.

More questions from MPRE (Multistate Professional Responsibility Exam)