I am starting a new series called Cocktail Chatter. These questions will be culled from my conversations with non-lawyers - in other words, questions posed to me at cocktail parties and other casual social events. Get a cup of tea, martini, or glass of water and join in!Why do lawyers defend child molesters/rapists/terrorists?
1. Lawyers took an oath to uphold, protect, and defend the Constitution. Every person has the right to a fair trial. Lawyers do not judge their clients; this is the job of of the jury. A lawyer who defends even an admitted child molester is doing the job he swore to do, and do well.
2. Ethical rules demand that an attorney zealously represent his client. In criminal cases only, the attorney is required by the Rules of Professional Conduct to argue advantageous circumstantial inferences that he knows to be false, though he cannot lie. This is how strong the mandate of "zealousness" is! The general public fails to understand how deeply ingrained this idea of "zealousness" is to the art and practice of law. An attorney is not practicing the ethically mandated zeal when he launches a half-hearted defense. Failure to practice with due zeal can get an attorney disciplined or disbarred.
3. A physician who prescribes life-prolonging blood pressure medication to a known felon does not condone criminal activity when he writes the prescription; he simply promotes the health and well-being of his patient. Similarly, a lawyer who defends a criminal does not support or condone criminal activity, but he does support the Constitutional rights of the accused.
4. Like it or not, the Constitution does not go out the window at the whim of public opinion.
What if you believe your client is innocent at first, but then realize he is not?
While there are some very specific guidelines on when and how a lawyer can "fire" a client, it is ultimately a decision made by the judge. A judge will not allow a client's case to be prejudiced by a sudden change in attorneys. The general rule is that if withdrawal can be done with no prejudice and for with a darn good reason (e.g. the client is using the lawyer to commit fraud), a judge will probably allow it.
Please note that nothing here is to be construed as legal advice. This post does not in any way establish an attorney-client relationship.
Picture credit.
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