Ethical Representation in Your Criminal Defense

There are various considerations that must be weighed when searching for a criminal defense attorney. You’ll want someone who is available locally, whose rates are in your price range, and who is knowledgeable in your area of concern. Crucially, you ‘ll want someone who will fight intensely on your behalf, and who will rely on strong ethics to move your case forward. In the legal world, ethics are indispensable and embody several areas. Among them are the following:

• Attorney Conflicts of Interest for the Attorney or Firm: Lawyers must determine early on whether they or their firm has any ethical conflicts with witnesses, co-defendants, current or previous clients, and even personal issues or attachments.
• Attorney Fees: Any fees should be agreed to in writing, with an indisputable understanding as to whether it’s a flat fee or an hourly rate. The latitude of the representation included in that fee must be crystal clear, and if co-counsel will be required, those fees should also be outlined.
• Competence of the Attorney: While we often hear debates as to a defendant’s competence to stand trial, the competence of one’s attorney is also a critical issue. The level of skill and experience, as well as the degree of support offered are all essential to a successful outcome.
• Attorney Communication: The confidentiality, method, and frequency of communications need to be clear and in writing.
• Confidentiality: An attorney must keep all information related to the case private, even in the event that the attorney no longer represents the client.
• Pretrial Motions: Because a good defense starts well before any actual trial, an ethical attorney will put the work in and will file appropriate motions to advance the interests of the defendant.
• Decision-Making Authority: All parties must understand the demarcation of decision-making authority. From an ethical standpoint, an attorney cannot concede to a client’s wishes against their best professional judgement. The client has to be the boss when it comes to the initial plea and any potential plea agreements thereafter, but it should be clear to the client that when it comes to defense strategy, the attorney–in consultation with the client–will be the one to determine the direction to take the case. That includes whether to waive a trial by a jury, who the witnesses will be, what defense to assert, and more.
• False Testimony: In circumstances where a client wishes to make false testimony, an ethical attorney absolutely cannot allow it and must withdraw from the case if the client fails to concede.
• Unethical Contacts: There are clear rules about not communicating with individuals who have their own counsel, and an ethical attorney will be mindful of these expectations.
• The Battle: Each and every client deserves an attorney who will fight to protect their rights and to achieve the best possible outcomes. Anything short of that is a failure of the attorney, and it’s a failure that can cost the defendant sorely.

Contact Us Today

At The Law Office of Hammad S. Matin, P.A. you can count on vigorous, ethical, and knowledgeable representation in your criminal matter. To discuss, schedule a confidential consultation with our La Plata & Waldorf criminal defense lawyers today.