The primary responsibility of the defense attorney is to serve as counselor and advocate for the client with courage and devotion. Defense attorneys must be knowledgeable of their clients’ backgrounds and situations, understand the complex legal concepts involved in criminal law cases and procedures, and communicate them in a manner that the client can easily comprehend. Cain and Herren, ALC defense attorney must also be able to make strategic decisions for their clients based on their knowledge of the case and evidence. This includes the decision to pursue plea negotiations, what witnesses to call and how to conduct cross-examination, what motions to file and what stipulations to agree to in hearings or trials, as well as what jury instructions to include and not to include.
Defense counsel should inform the client of his or her rights in the criminal process at the earliest possible opportunity, and promptly plan and take actions to vindicate those rights within the scope of representation. If the attorney is aware of facts that may raise conflict issues, he or she should consider whether continuing to represent the client is ethically appropriate and consult with the client about the conflict issue and options. If a conflict of interest exists and is not waivable, defense counsel should decline to proceed or limit further action to those necessary to protect the client’s interests until new counsel is available, the matter is dismissed by the court, or the client provides informed consent for continued representation.
If defense counsel receives physical evidence that might implicate the client in criminal conduct, he or she should determine whether there is a legal obligation to turn it over to law enforcement authorities or others and comply with that requirement. If the lawyer determines that the evidence is privileged, the attorney should keep it separately from privileged materials of other clients and preserve it in a way that will not impair its evidentiary value or integrity.
Throughout the criminal justice system, defense attorneys must be prepared to confront a variety of adversaries including prosecutors, judges and jurors, police officers, and reporters. They must be able to communicate with each of these individuals in an effective and professional manner while remaining courteous. Moreover, defense attorneys should remain neutral and objective to ensure that their clients are able to understand and evaluate all of the available options for resolution of the case.
Defense counsel should be open to discussions with the prosecutor at every stage of a case regarding disposition by guilty plea or other negotiated disposition. In doing so, the defense attorney should explain to the client that a decision not to accept a prosecution offer does not necessarily indicate an unwillingness to go to trial. The attorney should also be open to discussing with the client at any time relevant collateral consequences that could result from a particular disposition option, and provide the client with an understanding of those consequences as the case progresses. This includes providing the client with information about diversion programs that might be available to reduce a criminal sentence.
Cain & Herren, ALC
2141 W Vineyard St, Wailuku,
HI 96793, United States
+1 808-242-9350
law@cainandherren.com
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