What should an attorney do if they have evidence that is damaging to their own client?

In situations where an attorney has damaging evidence against their own client, the most appropriate and ethical course of action is to present the evidence to the court. This requirement stems from the attorney's duty to the legal system and the pursuit of justice, which outweighs the obligation to maintain client confidentiality in certain circumstances.

When an attorney discovers evidence that is detrimental to their client's position, they have to carefully consider their ethical responsibilities. The duty of candor towards the tribunal mandates that attorneys not knowingly present false evidence or mislead the court. If the attorney were to suppress or ignore the evidence, they could be violating foundational ethical rules, including the duty to uphold the integrity of the legal proceedings.

Consulting with the client before deciding how to handle the evidence is critical in many contexts, but it does not absolve the attorney from their duty to disclose evidence that could significantly affect the outcome of the case. The attorney must take appropriate steps to disclose such evidence, which often includes informing the court, especially if it takes the form of a confession or other information revealing a crime.

Thus, presenting the evidence to the court reflects both an understanding of ethical obligations and the principles guiding an attorney's conduct within the judicial system, ensuring that justice is served while navigating the complexities of