Why do We defend a Murderer?

Personification of Law,1720. (Wellcome Library no. 25992i,CC BY 4.0)

Not to pre-judge the client is also a task. As a counsel so many people come to us and confess as if we are priests. Double jeopardy of advocates, is that we have to know the sins yet we do not have any godly power to pardon!

In my initial days in court, someone asked “Why do you defend a murderer, even when he already told you that he is the one who killed?” I pondered for years, and found that the answer was much simpler than I thought. Answer was in my own natural instinct which I possess as a lawyer. Do not pre-judge the client. A relationship between a client and his attorney has no parallel in all kinds of human relations. Supreme trust and confidence, borne out of the intimacy and responsibility, are the basis of this unique human behaviour. For a while, attorney assumes the personality of the client in order to present before the jury as to what, why and how things happened.

In early history, relationship between an advocate and client was in the form of noble service of honour. Barristers in England couldn’t take fees by process of law. They were not permitted to raise bills for services as a barrister. The ‘debt of honour’ remained upon the client to be discharged in favour of the attorney. Things have changed from ‘debt of honour’ to ‘honorarium’ to ‘justified fees’ now. Modes and manners have changed however the basis of relationship and its inherent nature has remained the same. An attorney is called upon to plead the cause and protect the rights, life and liberty of another person. An attorney is the mind and the voice of his client. Ability to secure the interest of his client is the measure of the success of a lawyer.

Hablot K. Browne, 1853. (CC BY 4.0)

So even if we know that the client did commit a murder, we are not called upon to judge him. It’s the burden given to someone else by law. It is no part of our duty as an attorney to go and declare to the jury that accused is the murderer. 

We are called upon to put forth the facts and evidence with law before the jury as to what, why and how things happened.

Kartikey.