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| Patrick J Ducharme |
As can be seen from these onerous responsibilities, the trial lawyer has a much bigger responsibility than simply representing a client against charges brought by the government in the criminal law setting. These responsibilities are as onerous as those required of the prosecutor. They flow from the fact that every criminal defence counsel has a duty to both the client and the court.
Added to that duty are several requirements by the lawyer’s governing body, the Law Society. The lawyer’s duties extend to all three, the client, the court and the Law Society. Although it may seem occasionally like the loyalty or responsibility to any of the three may be in conflict, it is for the lawyer to ensure that his or her involvement in the trial process reflects honesty and integrity for the court and the lawyer’s opponent, without sacrificing the need to fearlessly represent the accused in every legitimate way permitted by law.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure Volume 2, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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