FAQ 25

Q25. Yesterday, my client instructed me that he wished to plead guilty to an offence. We went carefully through all the defences available to him and he signed instructions saying he wished to plead guilty. Today he has written to the Judge indicating that he wishes to change his plea because he was under pressure from others to plead guilty. Am I in difficulties?

A25. Probably. Your duty is to ensure that the court is not knowingly or recklessly misled. In this situation, it would be appropriate to ask the client (a) why this was not raised with you originally and (b) why he chose to write to the judge about it. It may be that he can provide an explanation for the sudden change which satisfies you that you will be able to represent him without being concerned about misleading the court. If he does not provide a satisfactory explanation then you should withdraw.

If the explanation is satisfactory then it would be sensible to explore why he thought it right to approach the judge rather than deal with this through his advisers. The action suggests a lack of confidence in you which, of itself, might be reason either for withdrawal or for him to seek to instruct new counsel.