The court, however, is not aware of the prior conviction. The client has not given consent to the attorney to reveal the record. Code 750 et. This statute has two parts, each of which applies to the facts presented here. In this case, the consent of the client has not been given and presumably it has been withheld precisely because of the prejudicial nature of such a disclosure.
Attorneys also owe a duty of candor to the court.
An attorney must maintain the respect due the courts of justice and judicial officers. Further, an attorney is guilty of a misdemeanor for intentionally deceiving a judge. In sum, these provisions prohibit an attorney from intentionally misleading or deceiving a court. 2 A dilemma may thus arise because an attorney has a duty of candor to the sentencing judge with respect to a client's criminal record and also has a duty to maintain the client's confidence. This dilemma can be resolved.