A lawyer does not defend a crime

Jun 29, 2023 Features / Columnists, Peeping Tom

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Kaieteur News – A protest is reported to have taken place on Monday outside of a legal chamber. The protestors were allegedly displeased that the law firm was defending a particular accused.

Those who undertook this protest were clearly not familiar with the legal principles governing the right of an accused person to lead a defence. Had they been familiar with this principle, the protest would not have taken place.

About 10 years ago, an issue arose when the PPPC took a decision that none of its leaders, who are lawyers, should defend persons charged for drug offences. There were concerns that since many of the leaders of the party were lawyers who had professional obligations to defend clients who came to them for legal representation this decision by the ruling party – not the government – would present a conflict of interest.

But can a lawyer simply refuse to defend someone on the grounds that he does not condone the crime for which the person is charged or being investigated? If that were the case, then any lawyer could refuse to take any case because of the nature of the alleged crime. What therefore is there to stop a lawyer from not taking a divorce case? Would taking such a case not convey the impression that the lawyer supported martial separation? And what about defending someone charged with murder? Since that is also an immoral act, despised by society. Then a similar argument can be made for lawyers not to take such cases?

When a lawyer undertakes a case, he or she is defending a more fundamental right. This right goes to the very heart of justice and our legal system. The lawyer is defending the right of an accused person to challenge the charge for which he or she is accused.

The legal system is based on the right of an accused to be afforded the right to establish that he or she is innocent. Every accused is entitled to the right to lead a defence. This includes the right to choose one’s defence attorney.

In simple layman’s language, a defense lawyer does not defend a crime but defends an accused person’s right to a defense. A defense lawyer does this by facilitating that right. If all lawyers were prohibited by moral or other reasons from undertaking cases, then the legal system would collapse. By taking a case of an accused person, a lawyer is NOT defending a crime or a criminal, but the very foundation of justice: that every accused should have the right to lead a defence.

Justice it is said is blind. It sees not the person that is committing the offence or that person’s race, ethnicity or political affiliation or other considerations.
The foundations of the legal system are based on the acceptance that no matter how despised, bad, cruel or obscene someone is perceived to be, that person is entitled to raise a defence to the charges which he or she is facing.

Every accused is entitled to the right to lead a defence. It is the duty of the criminal lawyer to defend that principle by ensuring that even the vilest amongst us have a right to lead a defence.

When a lawyer takes a case, his or her role is not necessarily to defend the crime of the accused but to provide legal representation and ensure a fair trial. Lawyers have a professional obligation to uphold the principles of justice and protect the rights of their clients. This means that they may defend their clients against the accusations made by the prosecution and challenge the evidence or the procedures followed in the case.. Their objective is to ensure that their clients receive a fair legal process and, if applicable, advocate for a favorable outcome based on the law and the available evidence. Ultimately, the guilt or innocence of the accused is determined by the court.

A lawyer can refuse to take a case on certain grounds. These include conflicts of interest. A lawyer may have had a prior or existing relationship with an opposing party. Or if a lawyer’s personal or professional interests interfere with his or her ability to represent a client effectively, the lawyer may refuse.

A lawyer may also refuse if he lacks the necessary expertise. A person may be suing another for copyright breaches but not all lawyers are trained in this field. As such a lawyer can refuse to take a case if he or she is not competent to properly defend his or her client. If a lawyer believes they do not have the expertise or experience required to effectively represent the client, they may decline the case to avoid providing inadequate legal services.

 (The views expressed in this article are those of the author and do not necessarily reflect the opinions and beliefs of this newspaper and its affiliates.)

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• allegedly, crime, Peeping Tom, person, protestors

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