Criminal Defense Attorney Responsibilities
The job of a criminal defense attorney is to ensure that a defendant's constitutional rights are protected. However, all lawyers, including criminal defense attorneys, are subject to professional rules of conduct that prescribe responsibilities and govern how they must behave in relation to their current, former and prospective clients. Most states have adopted many of the provisions outlined in the American Bar Association's "Model Rules of Professional Conduct." Attorneys who fail to meet their professional responsibilities may be subject to disciplinary action.
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Competent Representation
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Criminal defense attorneys are responsible for competently representing their clients in court. Competent representation means that the attorney understands both the substantive and procedural laws involved in the practice of criminal law. Substantive laws define the actions that are punishable by the government, as well as the protections that the government must provide to defendants. Procedural laws define how the court system works. For example, procedural rules set forth the manner in which a trial is conducted.
Communication
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Criminal defense attorneys are responsible for communicating with their clients on a regular and timely basis. This means if an attorney learns of information that could assist in the client's case or receives an plea bargain offer from the state, she should promptly notify the client. Criminal defense attorneys should also be available to answer any reasonable questions that the client has regarding a case, such as how the case will proceed or what to expect while in court.
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Conflicts of Interest
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All attorneys, including criminal defense attorneys, have a responsibility to check for and avoid potential conflicts of interest before taking on a new case. A conflict of interest can arise if the attorney is currently representing another interested party to the case, such as a co-defendant, or if the attorney has a personal bias against the defendant. In some cases, an attorney may be allowed to represent co-defendants if the attorney obtains written consent from both defendants before commencing the representation.
Duty of Confidentiality
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Criminal defense attorneys have a responsibility to keep client matters confidential. If a defense attorney tells his spouse, friend or neighbor private facts about a case or the identity of a client, he will be in breech of the duty of confidentiality. Several exceptions to this rule exist. For instance, when the attorney obtains knowledge that leads him to believe his client will cause physical harm to another person or if he knows the client intends to lie under oath, he may divulge privileged information to the authorities or to a judge.
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