In representing a defendant during a hearing, the judge asked a question about whether my client had any prior convictions. The pre-sentence report did not disclose any, although I know there are priors in another jurisdiction. I did not respond, and the judge moved on. I thought I couldn’t respond because of attorney-client privilege. Did I do the right thing?
By not indicating or saying anything, a lawyer may affirmatively mislead the court when it is owed an answer.
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