Well, having posted one brief ethics note not typically worthy of a full post, here are some more that just popped up…
1. On season two of “Broadchurch,” a quirky Netflix British drama that ran three seasons, there is an exchange in which a criminal defense attorney (that is, a barrister) in an intense and controversial trial excoriates her assistant by saying, “If you were doing your job, we’d have a chance at getting our client off!”
That is unethical and a false characterization of the defense’s job. It is also, I fear, what most people think the defense is trying to do.
A defense attorney’s job in a criminal trial is to ensure that the prosecution proves the defendant’s guilt beyond a reasonable doubt in the assessment of the jury. It is not to get a guilty criminal “off.” It’s a subtle distinction but a crucial one. Every defendant deserves a fair trial, which means a competent, vigorous defense, so that if he or she is ultimately found guilty, due process has been served.
The defense attorney’s mission is to make the prosecution fulfill its mission. When the prosecution’s argument fails because the defense demonstrated that the case wasn’t clearly presented or strong enough, that is entirely the prosecution’s fault. If, despite a vigorous and zealous defense a defendant is convicted by a competent jury, the ethical defense attorney should feel satisfied. An attorney who is elated that she got a guilty defendant “off” is in the wrong profession. She did her job, but the prosecution didn’t, and the result, while the right one, is nothing to celebrate.







