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What Are the Duties of a Defense Attorney?

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By V. Fonseca
eHow Contributing Writer
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What Are the Duties of a Defense Attorney?
What Are the Duties of a Defense Attorney?
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A defense attorney is a defendant's champion, advocate and adviser. It is the right and privilege of every defendant to have legal counsel, whether or not he can afford it. This is predicated on the fact that in the eyes of the American judicial system, a defendant is innocent until proven guilty; therefore, an innocent man or woman should never be denied legal counsel. As a defendant's legal counsel, a defense attorney is charged with specific duties.

From Quick Guide: Becoming a Lawyer 101

    Responsibilities

  1. The responsibilities of a defense attorney involve the presentation of oral arguments in court, crafting and researching legal documents, developing a relationship with the client and advocating the client's innocence as best as possible. These responsibilities are intrinsic and require a great deal of legal expertise and human empathy. Regardless of what light popular opinion might cast upon her client, a defense attorney must uphold and fight for the client's innocence. A defense attorney is a client's best and only advocate.
  2. Function

  3. Predicated on these responsibilities are the specific functions of a defense attorney. She must be prepared to present the client's case before a court and jury. The plea of innocence or conditional guilt must be presented by the defense attorney to the court in a manner that presents her client in the best light. This also involves drafting legal briefs and providing the client's biographical information. This necessarily leads to a deepening relationship with the client. At best, this client-attorney relationship can facilitate a kind of openness and mutual appreciation.
  4. Identification

  5. Defense attorneys are identified as such by their specialization in their second and third years of law school. The pursuit of criminal law requires a rigorous understanding of criminal codes and proper courtroom procedure. A criminal attorney must present herself as such professionally and must be in good standing with the Bar Association of the state she practices in. Rosters of criminal defense attorneys are available from the corresponding state Bar Association.
  6. Misconceptions

  7. A popular misconception about the defense attorney is that she performs her duties begrudgingly. Whether or not a defense attorney genuinely believes her client is innocent is beside the point. It is the right of every citizen to have adequate legal representation in a court of law, especially when it involves the alleged infringement of criminal codes. Defense attorneys are a breed unto themselves. While criminal law is regarded by most legal professionals as a very demanding and consuming specialization, becoming a defense attorney is truly reserved for the dedicated few.
  8. Expert Insight

  9. According to the American Bar Association, a competent defense attorney must demonstrate a vigorous and unyielding dedication to her client. Client advocacy must include a careful investigation of all the charges brought before the court. A qualified defense attorney should never be content to take the charges or even the police report at face value. A defense attorney must approach and explore every ethical means of defending a client's innocence, even if this entails subpoenaing experts or witnesses to refute or draw the basis of the charges into question.
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eHow Article: What Are the Duties of a Defense Attorney?

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