Defense attorneys have a challenging and complex role in the criminal justice system. They are tasked with advocating on behalf of their clients, who frequently face significant criminal charges, and assuring that their legal rights are upheld. Their responsibility goes beyond merely representing their clients in court. In general, the role of a defense attorney can be summed up as a balance between the moral and legal obligations of the profession with the client’s personal interests.
Ensuring their client’s requests are followed, even if they do not always align with the defense attorney’s vision of the client’s best interests, is one of the most crucial responsibilities. This occurs because the client-attorney relationship is built on trust, and clients need to know that their attorneys are doing everything in their power to help them reach their objectives (Campbell & Henderson, 2021). Nonetheless, this can be a problematic component of the profession, particularly if the attorney feels that following the client’s wishes could hurt their case or have unfavorable effects afterward.
In some circumstances, a defense attorney may be instructed to follow a course of action that would be detrimental to a third party but not illegal. In these circumstances, the attorney must take both their moral standards and their obligations under the law into account. While the client’s interests should always come first, the attorney must also observe to confirm that they are not intentionally hurting other individuals.
Maintaining client anonymity is a difficult facet of the defense attorney’s job, primarily when the client is engaged in continuous illegal activity that is not dangerous. In these circumstances, the attorney may need to balance their ethical responsibility with any potential harm that sustaining confidentiality could create (Fox et al., 2020). Even though attorneys must uphold their clients’ confidence due to ethical norms, this might be challenging if they have reason to believe their client is acting illegally.
In general, defense attorneys should vigorously advocate for their clients while upholding their ethical and professional duties. This necessitates carefully balancing between respecting clients’ goals and desires and ensuring they are not deliberately harming others. Although it can be a difficult and frequently ethically complicated task, it is an essential component of the criminal justice system. It helps to guarantee that everyone is treated fairly and justly under the law.
References
Campbell, C. M., & Henderson, K. S. (2021). Bridging the gap between clients and public defenders: Introducing a structured shadow method to examine attorney communication. Justice System Journal, 43(1), 26–52. Web.
Fox, L. J., Covert, D., & Mumford, M. (2020). Protecting the Continuing Duties of Loyalty and Confidentiality in Ineffective Assistance of Counsel Claims. Criminal Justice Ethics, 39(1), 23–53. Web.