A lawyer, or an attorney, is an individual who is well-versed and has license to practice law. The responsibilities of an attorney vary from on to the other, across legal jurisdictions. In this manner, working as a lawyer or an attorney corresponds to a certain practical application of legal theories. It also embodies knowledge on how to deal and give solution to real problems or to the improvement of the interests and wellbeing of those who keep hold of attorneys for legal services. Certain ethical responsibilities and obligations which attorneys need to follow, and this varies on the type of attorney present in a court.
An ethical defense attorney has the responsibility to talk or communicate with his or her client. Especially in terms of a reconsideration of certain appeals, there should be proper dialogue and sufficient time spent on a client. An ethical defense attorney must abide by the client’s decision, whether not to insist on jury trial and as to whether the client will be a witness, after the communication or consultation. In addition to this, it is necessary for criminal defense attorneys to be aware or conscious that it is their ethical obligation not to infringe the conflict of interest provisions.
On the other hand, the ethical responsibility or obligation of a prosecuting attorney is to search for justice, and not merely to find someone guilty or convict. The prosecuting attorney has the ethical obligation not to unlawfully pressure or intimidate a witness to bear witness contrary to the truth. It is also the ethical obligation of a prosecuting attorney to immediately inform the defense counsel whether the victim wants to continue the trial or his or her allegations against the suspect on whatever reason, or to withdraw (Rosenfield, 2001).
Both the ethical defense and the prosecuting attorney’s obligations include proper dissemination of information or update on the case, whether from the witness or suspect to the counsel, or the other way around. It is necessary for both attorneys to conform to their clients and promote their wellbeing. They seem to differ in the goals or objectives that they want to obtain, but both attorneys are obligated to seek the truth and justice. Both attorneys differ in terms of the points of view that they want to show and on the type of client that they cater to. They also differ in the sense that one tries to find justice for the benefit of the victim, while the other for the suspect or alleged criminal.
References:
Article 6: Prosecutor Section A: Ethics and Advocacy. Retrieved September 22, 2007, from www.co.tuscarawas.oh.us/Domestic/ProsecutorProtocol.pdf
Rosenfield, A. R. (2001). DEE-fense: Ethical Obligations of Criminal Defense Counsel. Retrieved September 22, 2007, from http://www.mass.gov/obcbbo/defense.htm