4 Major Legal Issues Surrounding the Right to Counsel

(b) Defence counsel should not argue in relation to the personal opinion of defence counsel and should not imply special or secret knowledge of the truth or credibility of witnesses. (d) A defence lawyer (or several associate lawyers in practice) should not undertake to represent more than one client in the same criminal proceedings, unless this is necessary to obtain legal advice on preliminary matters such as initial hearings or bail applications. In the absence of criminal proceedings, such multiple representation should only be carried out if, after careful investigation and scrutiny, it is clear that a conflict will not develop at any stage of the case or that multiple representation is beneficial to each of the clients represented and that foreseeable conflicts can be eliminated. Funding approaches must protect civil justice budgets from the vagaries of political winds, annual intermediate battles, and opposition seeking to weaken the right to advice. If this is not the case, such a right will forever be vulnerable to funding cuts (or even elimination), regardless of its cost-effectiveness and crucial role in the provision of essential services. As the history of the right to a criminal lawyer and the Legal Services Society shows, critics can undermine the justice system by imposing all kinds of restrictions on the right to a lawyer. (d) The appellate counsel should be familiar with the applicable rules regarding the retention of all necessary documents, transcripts and evidence and ensure that all elements necessary for the effective exercise of the appeal are properly and in a timely manner. Before filing oral argument, the appellate counsel should normally review the file sheet, all transcripts, trial costs and registration documents, not just those appointed by another lawyer or the client. Defence counsel should consider whether and to what extent the record should be supplemented by other issues, documents or evidence relevant to the effective prosecution of the client`s appeal. The appellate counsel should request, by means of a corresponding request, made either at trial or to the Court of Appeal, to make available to the appeal all necessary and relevant extrajudicial matters.

The Sixth Amendment right to counsel prohibits the use of statements that have been “intentionally persuaded” by a defendant once Sixth Amendment law applies, unless there is a valid waiver. The central questions in this context are whether the prosecution testimony was given according to Sixth Amendment counsel, whether the statement was “intentionally inflamed,” and whether the defendant waived the right to counsel. (c) If the defence counsel has reason to believe that there has been misconduct by the defence counsel, witness, court or other adverse person that affects the fair presentation of evidence, the defence counsel should challenge the perceived misconduct by appealing, opposing or otherwise opposing the court and not participating in retaliation; which the human rights defender knows are inappropriate. (h) Defence counsel should not allow the client`s representation to be affected by the defence lawyer`s personal interest in potential media contacts or attention. (f) The Appellate Counsel should refer precisely to the minutes and the authorities on which he relies when presenting his or her pleadings and oral proceedings before a court. The appellate counsel should constitute a directly prejudicial authority in the reviewing court of which he is aware and which has not been presented by other appellate counsel. (f) If the lawyer is unable to secure the release of the client, the lawyer, after consultation with the client and with due regard to all relevant confidentiality concerns, should inform the court and the staff of the institution of the client`s special medical, psychiatric, religious, food or security needs while in government custody and require the court to appoint the competent officials. instructs that they take steps to meet these special needs. (d) Defence counsel should not recommend that a defendant accept an injunction without a proper investigation.

Before accepting or advising on an injunction, defence counsel should require the prosecutor to disclose any information that could deny guilt, mitigate the offence or likely reduce the sentence. (c) The defence counsel in charge of a hearing should document what happens during the proceedings in order to support his or her own memory and the client`s future reference, and to make the necessary information available to the lawyer who may deal with the case in the future. d) When advising the client, the legal adviser must take into account the wishes and views of the client and may relate not only to the law, but also to other considerations such as moral, economic, social or political factors that may be relevant to the client`s situation. The lawyer should try to distinguish for the client between legal advice and advice on the basis of these other considerations. (e) Where a pre-conviction report is provided to defence counsel, the defence counsel should endeavour to verify the information contained therein and, if necessary, to supplement or challenge it. The defense attorney must either provide a copy to the client or (if the copy is not authorized) discuss the lawyer`s knowledge of the content with the client. In many cases, the defense attorney should independently investigate the facts relevant to the conviction, rather than relying on the court`s pre-conviction report, and should seek discovery or relevant information from government agencies or other third parties, as needed. (e) Defence counsel should exercise strategic judgment as to whether to oppose or oppose evidentiary decisions that are materially prejudicial to the client and not raise all possible objections.



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