Defence counsel is not the alter ego of the client. The function of defence counsel is to provide professional assistance and advice. He must, accordingly, exercise professional skill and judgment in the conduct of the case and not allow himself to be a mere mouthpiece for the client.
– G. Arthur Martin
As G. Arthur Martin brilliantly stated above, the work of a criminal defence lawyer is far more expansive than is commonly believed. We must hold ourselves to the highest standard of conduct in defending our client’s rights, as our every word and action weighs not only on the fate of the accused, but on the free society as a whole.
We must focus our attention entirely on the case before us. Every person is innocent until proven guilty. Therefore we begin each case, knowing that we are charged with defending the innocent. False accusations unfortunately happen. It could happen to you, to your brother, to your father or your son. We must see the humanity in every accused person. And we must fervently scrutinize every law, from every possible angle. It is this process that keeps the legal system fair. When laws are no longer challenged, there is no democracy. There is only tyranny.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
Subscribe to Patrick Ducharme's Youtube Channel