who is a lawyer who represents a defendant

Who can represent a defendant in a criminal case?

A criminal defense lawyer will be able to advise and counsel anyone who is facing the criminal justice system. Just as importantly, someone who may be a civil defendant should consider seeking the advocacy of a lawyer who specializes in the field of the suit is based in.

What is a defense attorney called?

Dec 20, 2011 · Thus, as a defendant in an Oregon criminal case, unless you are being charged in a justice court, while you have the right to represent yourself, you do not have the right to be represented by a non-lawyer of your choosing. Jeralyn Merritt, Ask a Lawyer Panelist since 1998

What is a plaintiff's attorney called?

Re: Who can represent a defendant? By definition, a lawyer is someone licensed to represent the interests of others in court. Since representing someone else in court is practicing law and since practicing law without a license is illegal, your character will …

What are the responsibilities of a defense lawyer during representation?

defense attorney n. 1) the attorney representing the defendant in a lawsuit or criminal prosecution. 2) a lawyer who regularly represents defendants who have insurance and who is chosen by the insurance company. 3) a lawyer who regularly represents criminal defendants.

What is a defense lawyer?

Learn More. A defense lawyer represents a defendant in criminal or civil proceedings. A defense lawyer is an attorney who represents an accused party in legal matters, including in a court of law. The accused party is known as the defendant. Many defense attorneys start out as prosecutors for the state. The prosecutor is there as an agent of the ...

Who can convince a jury that a defendant is guilty?

It is up to the prosecutor to convince a jury beyond a reasonable doubt that the defendant is guilty. The defense does not have to prove the innocence of the defendant, as the law dictates that a person is innocent by default until proven guilty, but if evidence exists that can exonerate a client, it is up to the lawyer to bring this evidence out ...

What happens when a defendant is found not guilty?

Often, when defendants are found “not guilty” in criminal trials, the victims pursue civil remedies for financial restitution. Civil courts do not hand down prison sentences. While a prosecutor can make a respectable salary, a high profile defense lawyer is one of the most lucrative careers in law.

What is the accused party?

The accused party is known as the defendant. Many defense attorneys start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly. Criminal proceedings, where there is a prosecutor, don't have a plaintiff, per se, ...

Do accused parties hire their own lawyers?

Though there are many talented state-appointed defense attorneys, accused parties with means usually hire their own lawyers. A defense lawyer frequently tries to turn the situation around to make their client appear to be a victim.

Does a criminal case have a plaintiff?

Criminal proceedings, where there is a prosecutor, don 't have a plaintiff, per se, as the party that brings charges against the defendant is a public agency. If a party is charged with a crime and cannot afford to hire a private defense lawyer, the state will assign an attorney to represent the defendant.

Can a lawyer lie to the court?

A lawyer cannot knowingly place a witness on the stand to perpetuate a lie, nor can he or she knowingly lie to the court. For this reason, in high profile cases, it is not unusual that a lawyer will not want to know if the client is guilty. Without that absolute knowledge, the defense strategy can remain more flexible.

Matthew Scott Berkus

I love it when people assume thier question is simple or self-explanatory. So, here is the answer. Yes, it is legal if no ethical rules were violated, and no it is not legal if an ethical rule is violated. The context matters. Law does not provide answers in a vacuum.

Glen Edward Ashman

Attorney Larry Wight mentioned three bar standards (I'll reproduce them below) which would suggest the answer to be no. But having said that, the facts that you did NOT include matter a lot and could make the answer yes.

Larry R. Wight

The answer is , as already stated, NO. And, for good reason, or reasons. For proof, I have attached the Georgia Bar Standards bearing on any such represenatation. They are:...

John Taylor Hopkins IV

The question may be self explanatory, the answer is never so simple. Can the lawyer do it? Yes. Is it prudent? Probably not. The question then becomes, what is the Plaintiff doing about it? Representing themselves against a lawyer and other defendants? If yes, then that is a mistake. So what is the next question?

Jon Friedman

I suspect it's legal. I further suspect it would be truly dumb. Often, defendants will point fingers at one another about fault and then join together to say "plaintiff not hurt so at the end of the day, doesn't matter". In any event, if they have a lawyer, you should too!

Jeffrey Ira Schwimmer

Not technically impermissible but depending on the claims against the defendants not likely a wise move as there may exist "conflicts of interest" in their defense postures.

What does a defense lawyer do during representation?

At all times during the representation the defense lawyer must communicate with the defendant to keep the defendant informed about the status of the case. The defense lawyer should send the defendant copies of all significant correspondence and other documents to advise the defendant of any significant developments relating to the case.

What are the duties of a defense lawyer?

Defense Lawyer's Duties to Defendant. The defense lawyer is obligated to hold strictly confidential all conversations and other communications with the defendant, including all information which the defense lawyer receives from the defendant during the course of representation. The defense lawyer must pursue the representation conscientiously ...

What happens if a defendant waives the attorney/client privilege?

If a defendant decides against waiving the privilege, the defense lawyer may then assert the privilege on behalf of the defendant to shield both the defendant and the defense lawyer from having to divulge confidential information shared during their relationship. The attorney/client privilege applies only to communications between ...

What is attorney client privilege?

The attorney/client privilege is an evidentiary rule that protects both defense lawyers and defendants from being compelled to disclose confidential communications between them that are made for the purpose of furnishing or obtaining legal advice or assistance . The privilege is designed to foster frank, open, and uninhibited discourse between the defense lawyer and defendant so that the defendant's legal needs are competently addressed by a fully prepared defense lawyer who is cognizant of all the relevant information the defendant can provide. The attorney/client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial.

Why does the defendant not follow the defense lawyer's advice?

The defendant will not always follow that advice because the defense lawyer has not taken the time to build a relationship at the beginning of the representation. The following are suggestions to foster the client relationship.

What is the attorney/client relationship?

The attorney/client relationship is formed when the defendant seeks advice or assistance from the defense lawyer; the advice sought is within the defense lawyer's professional competence; the defense lawyer agrees to render such assistance; and, it is reasonable for the defendant to believe the defense lawyer is representing him.

Why is it important for a defense lawyer to work with the defendant?

It is important for the defense lawyer to work with the defendant to develop an understanding of the defendant's legal needs and expectations, and to establish goals and deadlines that meet the defendant's needs. At all times during the representation the defense lawyer must communicate with the defendant to keep the defendant informed about ...

What is a conflict of interest attorney?

Issues involving conflicts of interest can become especially acute when an attorney represents a business entity in which he is also an investor. Attorneys are routinely participants in investment partnerships, private businesses, banks, hospital districts and any number of commercial and not-for-profit businesses.

What was the role of trial lawyers in the 20th century?

Early in the 20th century, trial lawyers were capable of handling all litigation matters, whether they be criminal or civil. Many of the members of the Bar were sole practitioners in small law practices who handled all legal matters, from wills to criminal proceedings.

Why do transactional attorneys not have the experience necessary to represent themselves in matters outside their specialty areas?

Because of the specialized nature of most of their practices , transactional attorneys often do not have the experience necessary to represent themselves in matters outside their specialty areas. For example, a securities attorney should probably not handle the legal documentation involved in the sale of his home.

Is it bad to represent yourself in court?

Whether the defendant is a trained lawyer or not, most attorneys have long accepted the conventional wisdom that representing oneself in court, known as pro se representation, is a bad idea. There’s an old saying that a person who represents himself in court has a fool for a client.

Can an attorney practice outside his field?

An attorney practicing outside his field would likely lack the contacts necessary to facilitate the swift, satisfactory completion of the matter. For instance, most commercial transactions involve the participation of third parties. Thus, an attorney trying to capitalize on a business idea that he may have identified should seek to engage attorneys that are familiar with the venture capital market place.

Is self representation a headache?

In addition, these statistics mainly compare self-representation with a public defender or court-appointed counsel, not a prominent Washington litigator. Self-representations can be a major headache for judges, especially when a pro se defendant decides to take the stand.

Do attorneys handle their own legal matters?

Accordingly, attorneys maintain that they should handle all legal matters for their clients and that clients should not attempt to discharge legal matters on their own, no matter how simple. However, attorneys often do not heed their own advice. They will at times attempt to handle their own personal legal matters, ...