Can a defense attorney purposely not write down something which might be used against their client? Can a defense attorney write down all sorts of fake stuff on the off chance their office will be raided (with no attempts to get anyone to believe it)? Certainly a defense attorney could also be a novelist. Would he be required to segragate his work? Would he be required to explain which is which?
“I swear, your honor, I was only writing a novel where I used all these actual people, and myself, as characters that were doing almost exactly the same things as we do, except for the illegal bits. Those I made up.”
Can’t see how it would be illegal. Don’t think it would be much of a defense though, unless there was zero other evidence of the “illegal bits”.
He is hypothetically only fabricating exonerating info.