What are the ethical obligations of a criminal defense attorney?

Defense attorneys must act zealously within the limits of the law and regulations on behalf of their clients, but they are not required to and cannot execute any client directive that violates the law or those rules. It is true that listening to a defense attorney speak solemnly about their duty to the system can seem empty when you hear reports about the enormous fees they charge for their services. There is a presumption against the multiple representation of co-defendants, but it's not absolute because the courts have recognized that a unified defense can be in the best interest of all. Defendants turn to their lawyers to provide them with good advice and to fiercely protect them from prosecutors who are on a mission to obtain a condemnation.

Any future crime that the defense attorney has specific knowledge of is not covered by confidentiality and must be disclosed. The defense attorney must assert the client's confidentiality and privilege because the client does not know how to do so. To ensure that that principle is respected, defense attorneys have an ethical obligation to ensure that defendants obtain the best possible representation. The defense attorney has a duty to get the client to reveal their real name or to allow the defense attorney to correct it. The reason behind the lawyer's evidentiary privilege and professional obligation is to allow the client to disclose information to the lawyer.

This masterful collection of cross-examination resources provides countless tips, techniques and strategies for a variety of specific criminal case scenarios. When considering the lawyer's legal obligations to his client under the Sixth Amendment to provide effective counsel, the attorney must inform the client of the attorney's ethical and legal obligation with respect to the obligation to provide physical evidence of the crime to the prosecution if the attorney takes possession of such physical evidence. If it is consistent with the defense theory of that case, nothing prohibits dismissal if it is demonstrated that the perpetrator must not accredit the witness. This commitment to the interests of the adversary system has been a model for many subsequent cases in which the question of whether the defense should hand over evidence to the prosecution on its own initiative has been addressed. If the court asks the defense attorney about the background, the defense attorney can only claim that it is based on the filing report.

It would not be eliminated because public defense was available, but certainly the defendant's ability to obtain the best possible representation would be severely affected...

Dawn Launiere
Dawn Launiere

Amateur beer evangelist. Professional bacon aficionado. Total social media maven. Typical travel fan. Social media junkie.