A Defense Attorney’s Dilemma: My Client Has the Right to Make the “Wrong” Decision

Here’s something to remember about criminal defense work: your client has the right to be stupid. We criminal defense attorneys work FOR our clients, they do not work for us. So, we must live with their decisions–even if they’re making the wrong decision. Sometimes a client makes a decision that we KNOW is a bad choice, and it’s painful to obey a client’s decision, but that’s our job. It can be frustrating to work hard for a client (and the client pays good money for that work) yet only to find that–in the end–the client decides not to follow that advice. Why pay for advice you’re only going to ignore?

On the other hand, criminal defense does not involve precise calculations like calculus, defense work is more like calculus applied to card counting in blackjack. Defense attorneys ‘count cards’ for the defendant and give him the best chance of winning against the house–but the house can still win a hand or two. I can think back to several occasions where my clients have made risky, ill-advised decisions, that turned out to be the right call. Recently, I represented a client on a firearm charge in which I filed a Motion to Suppress. The motion got us a great offer on the firearm case, but against my advice, my client turned down the great plea offer and requested that we argue the motion to suppress (which had only had a slim chance of success). We argued the motion. The motion was granted. As you might expect, now all his friends assume that I can dismiss any sort of firearm minimum mandatory sentence–after all, I did it in his case!

Remember, it’s everyone’s right to make a risky decision, as long as that decision is well-informed, and it’s our job to make sure the client is well-informed. Communication with your client is key. You have to respect your client’s decision, no matter what. When a client is intent on a course of action that is destructive, a defense attorney must make it clear the consequences. That’s all you can do. This is especially true in the medical field, where a doctor may make a recommendation for radiation treatment (or whatever) and the patient doesn’t want to do it, the patient would rather die early. From the doctor’s perspective, it’s a stupid decision, why not prolong your life via a few months of pain or surgery? Well, because it’s our life, it’s our body, and we have a right to make the “wrong” decision. Same goes for the bad decisions of those accused of crimes. The good news is that, sometimes, even when you tell a client the count is down and he has no chance of winning–the house busts. It happens.

John’s Takeaways

• The Client is the Captain: In a criminal case, the defendant is the ultimate decision-maker. The attorney’s role is to advise and counsel, not command.
• Defense Work is About Probabilities, Not Certainties: A good attorney “counts the cards” and explains the risks and potential rewards of every option, but there are no guarantees.
• The “Wrong” Decision Can Be the Right One: Sometimes, a client’s risky choice against their attorney’s advice can lead to an unexpected victory.
• The Attorney’s Core Duty is Communication: An important job for a defense lawyer is to ensure the client is fully and honestly informed of the potential consequences before they make their final decision.
• The Relationship is Built on Respect: At its heart, the attorney-client relationship is based on a profound respect for the client’s autonomy and their right to control their own life and case.

This philosophy of client-centered representation is at

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.