tag:blogger.com,1999:blog-8150263266133383090.post-65650151859098973662008-01-27T22:46:00.001-08:002008-01-27T22:56:32.954-08:00<span xmlns=""><p>I recently ran across an excellent law review <a href="http://www.achlaw.com/articles/publication-duties.html">article</a> describing the duties of a criminal defense lawyer. Written by California criminal defense lawyer, Cristina C. Arguedas, her description of the clarity with which she approaches her professional responsibilities really resonated with me: </p><blockquote><p>The duty of a criminal defense lawyer is to defend his or her client vigorously, aggressively, and completely, within the bounds of the law. I think one of the first things that attracted me to the practice of criminal law is the clarity of the mission of a criminal defense lawyer. There is but one duty, one loyalty. That is to defend the client. </p><p>I consider it a great luxury to spend my life's work in a setting where my responsibilities are utterly unambiguous. There are very few aspects of life in which a person does not have divided loyalties or competing interests that need balancing. In contrast, the obligation of a criminal defense lawyer is absolutely simple and clear. We have one focus, one responsibility, and one loyalty: it is to our client without egard to any other fallout from the result of our case or for our actions. Not only is our responsibility clear, it is noble. We have one of the few jobs in the world which is mandated by the United States Constitution.</p></blockquote><p>A criminal defense lawyer owes his or her client the duty of loyalty, and its related duty to avoid any conflict of interest which would hinder or harm the lawyer's ability to remain absolutely faithful to the client. Both the American Bar Association's <a href="http://www.abanet.org/crimjust/standards/dfunc_blk.html">Standards of Criminal Justice (Defense Function)</a> and the <a href="http://www.cobar.org/index.cfm/ID/384/CETH/Colorado-Rules-of-Professional-Conduct/">Colorado Rules of Professional Conduct</a> firmly establish these duties. <a href="http://www.cobar.org/index.cfm/ID/20472/subID/22378/CETH/">Rule 1.7</a> of the Colorado Rules of Professional Conduct addresses a lawyer's duty to avoid all conflicts of interest with current clients. Both the <a href="http://www.archives.gov/national-archives-experience/charters/constitution.html">United States Constitution</a>, by the <a href="http://www.law.cornell.edu/constitution/constitution.billofrights.html">Sixth Amendment</a> through the <a href="http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html">Fourteenth Amendment</a>, and the <a href="http://198.187.128.12/colorado/lpext.dll?f=templates&amp;fn=fs-main.htm&amp;2.0">Colorado Constitution</a> guarantee a criminal defendant the right to the effective assistance of counsel—which includes, among other requirements, that a defense lawyer be free from any conflict of interest. </p><p>The duty to defend the client without regard to any divided loyalties or any other fallout provides a criminal defense lawyer with the clarity and focus to vigorously defend the client against the frightening power of the government. When all of an advocate's energies are applied to achieve this duty, it can be a truly liberating experience for the lawyer—and hopefully for the client as well. </p></span>Todd Taylornoreply@blogger.com