Lecture Defense Attorneys Ethics

Overview of Defense Attorneys

Defense Attorney Definition

• Defense attorneys are legal professionals who represent individuals accused of crimes in legal proceedings. Their primary role is to provide the accused with a robust defense, ensuring that they receive a fair trial.

Responsibilities

• Trial Defense: Defense attorneys advocate for their client’s innocence during trials, presenting evidence, cross-examining witnesses, and arguing motions.

• Plea Bargaining: They negotiate plea deals with prosecutors that may involve reduced charges or sentences in exchange for a guilty plea, aiming to achieve the best possible outcome for their client.

Importance of Defense Attorneys

• Ensuring Fair Representation: Defense attorneys are crucial in maintaining the integrity of the legal system by safeguarding the right to fair representation in an adversarial legal system, where both prosecution and defense arguments are presented.

• Upholding Constitutional Rights: They help protect the constitutional rights of defendants, ensuring that those accused are treated fairly and their rights are maintained, even if they face serious accusations.

• Checks on Prosecution: Defense attorneys serve as a critical check on the prosecution, working to prevent wrongful convictions and ensuring ethical standards are upheld by legal practitioners.

The Role of the Defense Attorney

• Upholding Human Dignity: They promote and protect human dignity by advocating for clients and ensuring they are treated fairly and with respect in all legal proceedings.

Questions of Representation

• Ethical Dilemmas: Defense attorneys often face the ethical dilemma of representing clients they believe to be guilty. They must balance their legal obligation to provide a defense against personal ethical standards, emphasizing the principle that every person deserves legal representation regardless of their alleged actions.

Constitutional Framework

• Sixth Amendment: This constitutional amendment guarantees the right to counsel for defendants in criminal prosecutions, specifying that individuals have the right to an attorney when charged with a crime.

  • The right to counsel ensures that defendants can effectively challenge the prosecution's case.

• Critical Stages of Criminal Proceedings: The right to counsel is applicable not only during trial but also during all critical stages of the proceedings, such as initial hearings, interrogations, and plea negotiations. Waiving this right requires a thorough consultation with a defense attorney to understand the implications.

Ethical Considerations for Attorneys

• Accepting Clients: While defense attorneys have the right to choose which cases to accept, Model Rules encourage them to serve underserved communities, emphasizing the social responsibility of legal professionals. Rule 6.2 requires attorneys to take on unpopular or controversial cases unless they are morally repugnant.

• Pro Bono Work: Attorneys are encouraged to provide pro bono (free) legal services to those who cannot afford representation, especially to address accessibility issues within the justice system for indigent defendants.

Types of Defense Counsel

• Private Attorneys: These attorneys are hired and compensated by clients directly. The cost of services can be significant, depending on the attorney's experience and the complexity of the case.

• Public Defenders: These attorneys are appointed to individuals who cannot afford private legal representation. They specialize in defending indigent clients in criminal cases and are typically employed by the state.

• Court-Appointed Counsel: These are private attorneys who agree to accept state fees to represent indigent defendants in cases where public defenders face conflicts of interest.

Fee Arrangements for Private Defense Attorneys

• Payment Structures:

  • Hourly Fees: Private attorneys commonly charge based on the time they spend on a case, typically recorded in tenths of hours.

  • Contingency Fees: Unlike civil cases, contingency fees are not applicable in criminal cases as clients cannot pay based on the outcome of the case.

  • Flat Fees: Attorneys may offer a flat fee for specific services, providing clarity on the costs involved.

• Ethical Fee Guidelines: According to the ABA Model Rule 1.5, attorneys must ensure that their fees are reasonable, considering factors such as time and labor involved, customary fees in the area, and the skill needed for the case.

Zealous Representation

• Advocacy for Clients: Defense attorneys are obligated to zealously advocate on behalf of their clients, even in cases where payments are delayed or not received. This commitment is crucial in ensuring that all clients, regardless of their financial situations, receive the defense they deserve.

Addressing Indigent Clients

• Pro Bono Obligations: Defense attorneys carry a moral obligation to provide fair trial opportunities for clients who cannot afford legal representation.

• Representation Rights: Clients do not have the freedom to choose their attorneys unless they can afford to do so. In many cases, they must rely on public defenders or other appointed counsel.

• Self-Representation: Defendants have the right to represent themselves (pro se) in court under certain circumstances, which may require a judicial competence evaluation to ensure they understand the legal proceedings.

• Unauthorized Practice of Law: Strict rules prohibit non-attorneys from representing clients in legal matters, thus safeguarding the legal profession and ensuring that clients receive qualified representation.

Confidentiality in Attorney-Client Relations

• Confidentiality Principles: Confidentiality between attorney and client begins during initial consultations and continues throughout representation, extending even after a client's death.

• Breach of Confidentiality: Attorneys can only disclose client information under specific circumstances, such as imminent threats of harm or fraud.

Consequences of Breaking Confidentiality

• Disciplinary Actions: Breaching attorney-client confidentiality can lead to serious professional consequences, including suspension or disbarment for repeated offenses.

Ethical Misconduct

• Client Claims: Clients may claim ineffective assistance of counsel, necessitating a rigorous evaluation based on a two-pronged test, which examines both the deficiency in representation and the resulting prejudice to the client.

Conclusion

• Understanding the ethical responsibilities, legal frameworks, and complexities surrounding defense attorneys enhances the integrity and functionality of the legal system. By ensuring accountability and representation for all defendants, the legal system can strive towards fairness and justice for every individual.

Strickland Test for Ineffective Assistance of Counsel

To determine if Jane Doe meets the two prongs of the Strickland test for ineffective assistance of counsel, the following analyses can be made:

1. Prong One: Deficiency in Representation

• Failure to Investigate Alibi: The attorney did not conduct an investigation into Jane's alibi, despite her providing names of witnesses who could support her claim. This is a serious oversight as it is essential for the attorney to investigate all potential defenses thoroughly.

• Critical Evidence Not Reviewed: The attorney failed to review and present crucial forensic evidence—specifically, the absence of Jane's fingerprints on the purse. This evidence could significantly bolster her defense and, if not presented, undermines the effectiveness of the representation.

• Neglecting Pretrial Motions: The failure to file motions to suppress illegally obtained evidence likely allowed damaging evidence to be used against Jane. Such an omission could be seen as a critical error that negatively affected her defense.

• Poor Communication: Jane was not informed about the trial strategy, which left her confused about the proceedings. Effective communication is a necessary component of competent representation and is crucial for the defendant to make informed decisions.

• Ineffective Cross-Examination: The attorney's failure to cross-examine key witnesses and present a coherent defense suggests a lack of adequate preparation and strategic thinking, further establishing the deficiency in representation.

Conclusion for Prong One:

Given these factors, it is apparent that the attorney’s performance fell below that of a reasonable competent attorney, as required under the first prong.

2. Prong Two: Prejudice to the Defendant

• Impact of Evidence Failure: Had the alibi witnesses been interviewed or the forensic evidence presented, there is a reasonable probability that the outcome of Jane's trial would have been different. The failure to present exculpatory evidence can be detrimental to a defense.

• Admissibility of Evidence: If the attorney had successfully filed pretrial motions to exclude the illegally obtained evidence, it could have altered the trial's dynamics, meaning important evidence against Jane would not have been available for prosecution.

• Confusion About Strategy: Jane's confusion about trial strategy and the implications of pleading guilty could have impacted her ability to make informed decisions. This lack of understanding might have prevented her from effectively participating in her defense, leading to adverse consequences.

• Opportunities Missed: The attorney’s failure to effectively cross-examine witnesses and challenge prosecution arguments likely allowed an unchallenged narrative to prevail, further diminishing Jane’s chances for acquittal.

Conclusion for Prong Two:

There is a reasonable likelihood that had the representation been competent, the jury’s verdict might have been different, satisfying the second prong of the Strickland test.

Summary:

In summary, Jane Doe meets both prongs of the Strickland "Ineffective Assistance of Counsel" test due to the significant deficiencies in representation and the resulting prejudice to her defense.