Generally, Defence lawyers’ responsibilities are to defend an accused charged with an offence, either by the police officers, the court or any relevant governmental bodies that hold power to prosecute individuals.
The term “defend” however, does not equate to ensuring that their clienteles are acquitted of all charges.
A good defence lawyer’s job is to ensure that his/her client is properly advised in respect of the law, the strength and weaknesses of his/her case, the charges against their clients and ensuring that due process of the court for criminal proceedings had been carried out appropriately.
Depending on the strength of the case, it is the responsibilities of the defence lawyer to advise whether to proceed to a trial for the accused to defend himself / herself accordingly; or to plead guilty to prevent further delay of his / her matter whilst ensuring legal cost is not wasted on an unnecessary wild goose chase.
If the matter does proceed to trial, it is the Defence lawyer’s responsibilities to ensure the public prosecutor has sufficient evidence to prove their case beyond reasonable doubt.
The Defence lawyer must ensure that any evidence submitted and to be used by the public prosecutor are scrutinised and studied; and ensuring that the facts and theories of the case lead by the public prosecutor is determinative to the trial.
It is also the duty of the Defence lawyer to ensure that proper legal advice is given to the accused at all junctures of the criminal proceedings and at every stage upon discovery of new facts and evidence.
The Defence lawyer must not shy away from advising their client to take a certain course of action when it is clear that an offence has been committed and the evidence is clear beyond reasonable doubt.
Further, the Defence lawyer must also, at all material time, ensure that the rights of the accused is constantly protected, and all action taken by the public prosecutor and the investigating officer are within the boundary of law.
