The question “What do lawyers do when they know their client is guilty?” is one that exposes the heart of what it means to practise law in South Africa. It’s uncomfortable, ethical, and deeply misunderstood by the public. Many assume that a lawyer’s job is to prove their client’s innocence at any cost, but that’s not how justice works. In truth, a lawyer’s duty is not to lie for a guilty client, but to protect their legal rights and ensure that the State proves its case beyond a reasonable doubt.
South African law places the burden of proof on the prosecution, not the accused. So even when a lawyer knows their client committed the crime, the lawyer’s task is to ensure the trial is fair, the evidence is lawfully obtained, and the client’s constitutional rights are respected.
How South African Law Views the Role of the Lawyer
In South Africa, the relationship between lawyer and client is governed by the Legal Practice Act 28 of 2014 and the Code of Conduct for Legal Practitioners enforced by the Legal Practice Council South Africa (LPC). The LPC’s ethical rules make it clear that a lawyer must act honestly, competently, and fearlessly, while never misleading the court.
This means that when a lawyer knows a client is guilty, they cannot help them lie, fabricate evidence, or mislead the court. Instead, their role is to test the prosecution’s case lawfully and make sure the State meets its burden of proof. Every accused person, guilty or not, has a right to legal representation under Section 35 of the South African Constitution, which guarantees the right to a fair trial.
For instance, even in serious cases like murder or fraud, defence lawyers must ensure that evidence was obtained legally (not through torture or illegal searches), that procedure was followed correctly, and that sentencing is fair.
6 Lawful Strategies Lawyers Use When They Know the Client Is Guilty
When dealing with a guilty client, lawyers rely on strategic and ethical approaches to fulfil their duties without breaking the law or misleading the court. Here are six lawful ways they do so:
| Strategy | Description |
|---|---|
| 1. Testing the State’s Case | The lawyer challenges whether the prosecution can prove guilt beyond a reasonable doubt. They look for weak or inadmissible evidence and question whether witnesses are credible. |
| 2. Ensuring Due Process | The lawyer checks if the police followed legal procedures during arrest, interrogation, and evidence collection. Any unlawfully obtained evidence can be ruled inadmissible. |
| 3. Negotiating Plea Bargains | If conviction seems unavoidable, the lawyer may advise the client to plead guilty in exchange for a lighter sentence under Section 105A of the Criminal Procedure Act. |
| 4. Mitigating Sentences | The lawyer highlights the client’s personal circumstances — such as lack of prior convictions or remorse — to reduce the severity of the punishment. |
| 5. Protecting the Client’s Rights | Even guilty clients have the right to dignity and fair treatment. The lawyer ensures no human rights are violated during the process. |
| 6. Withdrawing from the Case (if necessary) | If a client insists on lying under oath, the lawyer must ethically withdraw. Continuing would breach the LPC’s Code of Conduct. |
These strategies prove that lawful defence does not require dishonesty. It’s about ensuring that justice is carried out fairly, even when guilt is clear.
Ethical Boundaries: What Lawyers May and May Not Do
A lawyer may never lie or mislead the court, but they are not required to confess on behalf of their client. If a client privately admits guilt but insists on pleading not guilty, the lawyer’s role is limited. They cannot tell the court “my client is innocent,” but they can demand that the prosecution prove guilt beyond reasonable doubt.
This distinction is vital to the integrity of South African law. The idea is not to “help criminals escape,” but to maintain a system where the State’s power is held in check. The same principle applies in other legal areas such as divorce proceedings in South Africa, where lawyers must act within the truth while still protecting their clients’ interests.
Ethically, a lawyer:
- May defend a guilty client by questioning the evidence.
- May not lie, distort facts, or conceal evidence.
- Must remain confidential about client admissions.
- Must not become a witness in their own client’s case.
International Comparison: How Other Countries Handle Guilty Clients
The challenge of representing guilty clients is universal, and South Africa’s legal ethics are in line with other common-law systems:
- United Kingdom: Lawyers must uphold the “cab-rank rule,” meaning they cannot refuse to represent a client because they are guilty. However, they cannot mislead the court or present false evidence.
- United States: Defence attorneys follow the ABA Model Rules, which prohibit false statements and allow lawyers to question the prosecution’s case even when the client has confessed.
- Australia: Legal practitioners are similarly prohibited from lying but can continue representing guilty clients by focusing on due process and fair sentencing.
These systems share the same core belief: defending a guilty client is not about proving innocence but about protecting fairness and legality in the justice system.
Case Lessons: When Lawyers Handled Guilt Ethically
Case 1: The Robbery Admission
A Johannesburg defence lawyer’s client privately confessed to an armed robbery but chose to plead not guilty. The lawyer avoided calling the client to testify but tested every piece of evidence presented. Eventually, the court convicted based on proof — not confession.
Lesson: The lawyer’s honesty to the court remained intact while still ensuring a fair trial.
Case 2: The False Evidence Warning
In Durban, a lawyer withdrew from a case after the client insisted on submitting fake cellphone records. The Legal Practice Council South Africa later praised the lawyer for professional conduct.
Lesson: Ethical withdrawal protects both the lawyer’s reputation and the justice process.
Case 3: Plea Negotiation for Leniency
A Cape Town lawyer negotiated a plea bargain under Section 105A for a fraud client, reducing a potential 10-year sentence to 4 years with parole eligibility.
Lesson: Admission of guilt can be strategic when managed within the law.
Case 4: Procedural Defence
A Pretoria lawyer challenged the validity of a confession obtained without legal counsel present. The evidence was ruled inadmissible, though the client later admitted guilt privately.
Lesson: Upholding procedure protects every citizen from unfair policing.
Quick Table Summary: Lawyer’s Ethical Choices
| Situation | Lawful Action | Unlawful Action |
|---|---|---|
| Client admits guilt privately | Continue defence by testing State’s case | Reveal confession or fabricate innocence |
| Client insists on lying | Withdraw from the case | Present false testimony |
| Evidence obtained illegally | Challenge admissibility | Hide or alter documents |
| Guilt proven in court | Seek mitigation | Accuse judge or witnesses falsely |
Why South African Law Protects the Guilty Too
It might sound unfair, but protecting the rights of a guilty person ensures the same fairness for the innocent. Once a lawyer starts lying for one client, the integrity of the whole system collapses. The Legal Practice Council South Africa enforces these standards to maintain public confidence in lawyers, courts, and justice itself.
If you’re involved in a complex legal matter such as inheritance disputes or child custody, knowing how ethical defence works helps you choose a lawyer you can trust. You can also explore related guides like tracking deceased estates in South Africa or parental rights and responsibilities in South Africa to understand how fairness applies across legal fields.
Reflective Closing
So, what do lawyers do when they know their client is guilty? They uphold the law, not by lying, but by ensuring every step of justice is done correctly. Their loyalty is to fairness, not falsehood. The best lawyers protect their client’s rights within the truth, ensuring that justice is never based on shortcuts or deceit.
In South Africa, this duty of honesty keeps our courts credible, our Constitution strong, and our public trust intact.