what is the role of defence lawyer?
Answers
As advocates for defendants who are accused of breaking the law, defense lawyers are sometimes misunderstood because many aspects of criminal law itself are misunderstood. For example:
If a defendant confides to his lawyer that he did indeed commit the crime, the lawyer does not have to disclose the client's admission of guilt to the court or to anyone else. The lawyer may urge the client to change his plea to guilty, but the accused has immunity from self-incrimination under the Fifth Amendment to the U.S. Constitution. The lawyer is bound by ethical and professional obligations not to reveal statements made by the accused in confidence.It is up to the lawyer in private practice to decide whether to accept a particular case. A lawyer may refuse to defend a person who is accused of a crime. However, the Constitution also says the accused has a right to legal counsel. A court-appointed lawyer may represent defendants, who are unable to pay for legal representation.The defense lawyer's responsibility is to be an advocate for the accused, doing everything within the law to clear the defendant of charges. However it is not the lawyer's responsibility to determine the client's guilt or innocence. It is the responsibility of the prosecution to prove the defendant's guilt beyond a reasonable doubt, and it is up to the court - the judge or the jury - to decide guilt after hearing evidence from both the prosecution and the defense.The attorney's job is to advise the client about the various decisions to be made about how the defense will be handled. The lawyer should make certain that his client fully understands the consequences of such decisions, but it is the client who must decide and bear the consequences.The goal of ensuring justice in our society demands that a defendant be represented by competent legal counsel who vigorously fulfills his or her duty to the client. Every lawyer is sworn to uphold a Code of Professional Responsibility, which requires the lawyer to "represent a client zealously within the bounds of the law."
Note: This information was prepared as a public service by the Illinois State Bar Association. Every effort has been made to provide accurate information at the time of publication. For the most current information, please consult your lawyer. If you need a lawyer and do not have one, visit our lawyer referral page.