Even with these responsibilities, defence solicitors are often misunderstood.
Here are a few myths we encounter and the realities behind them:
• Myth: Defence lawyers just help guilty people get away with crime.
• Reality: Our duty is to the legal process, not to a particular outcome.
We represent clients because everyone has the right to a defence; our goal is to make sure the right person is held accountable. In fact, frequently our advocacy exposes weaknesses in the prosecution’s case – sometimes leading to dropped charges or acquittals that prevent innocent people from being punished. As one observer noted, many of our clients facing “the full force of the Law” are later found innocent when the evidence is properly examined.
• Myth: If a client is guilty, the defence lawyer must know it.
• Reality: We never assume guilt and in fact must not allow personal opinions to cloud our work.
It’s true that many clients deny allegations, but our professional duty is to test the allegations impartially, not to share a moral judgement. Just because someone is accused of a crime doesn’t mean they are guilty, or that they will plead guilty. Importantly, if a client confesses privately, we cannot deceive the court; we explain all options truthfully, up to and including withdrawing from a case if representation becomes untenable.
• Myth: Defence lawyers don’t care about the victims.
• Reality: We care deeply about justice for victims too, but justice isn’t achieved by ignoring the rights of the accused.
A defence lawyer’s role is not to condone crime but to ensure that convictions are based on solid evidence. If we identify evidence issues, victims can be better informed too. In other words, a robust defence serves the interests of truth and fairness on both sides of the case.
• Myth: Going to trial is better than pleading guilty.
• Reality: Each case is different, and a plea is sometimes appropriate, but only when the client truly understands what it means.
Recent schemes that incentivise early guilty pleas raise concerns – solicitors have reported feeling pressure to advise guilty pleas before full evidence is disclosed. Quality defence means not persuading someone to plead unless it is fully informed and in their genuine interest.
By dispelling these common misconceptions, we aim to help the public see that defence work is a cornerstone of justice, not a loophole for criminals.
Everyone deserves representation – it is a right for the innocent and guilty alike, and it maintains society’s trust in the rule of law. if you have any questions on how to get legal support get in contact with our team today
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