If your client confesses guilt but insists on pleading not guilty, what should you do?

• A. You should go along with their stance and file a not guilty plea
• B. You should withdraw from representation immediately
• C. Continue to act but you may argue that the evidence as a whole does not prove guilt
• D. You should disclose the confession to the court and stop representing

Answer: (C)

The fundamental idea is that a defendant’s plea decision is for the client to make, and a lawyer must respect that instruction while vigorously defending within the bounds of the law. Even if your client confesses guilt, you should not file a guilty plea or abandon the defense; you continue to represent them and pursue a not guilty plea as instructed, testing the prosecution’s case.

You can argue that, taken as a whole, the evidence does not prove guilt beyond reasonable doubt, including challenging the weight or admissibility of the confession and any other aspects of the prosecution case. This keeps the client's rights intact and allows for a fair trial.

You should not disclose the confession to the court or stop representing the client simply because of the confession, as that would breach confidences and undermine the client’s right to full representation. You also are not required to withdraw merely because the client confesses; withdrawal is only appropriate for specific ethical reasons or irreconcilable conflicts.

So the correct approach emphasizes honoring the client’s plea instruction while continuing robust defense by challenging the prosecution’s evidence.