This is where the thorniest ethical issues can begin. Communication between the defense attorney and the defendant is guaranteed confidentiality. The lawyer cannot disclose any information communicated; the court cannot require its disclosure. This even includes a private admission by the defendant that he is guilty of the charges against him. It would not be eliminated because public defense was available, but certainly the defendant's ability to obtain the best possible representation would be severely affected.
After all, just because a gunman who opened fire on a school bus full of children has the right to a fair trial doesn't mean he has the right to be represented by a specific defense attorney. Therefore, this type of lawyer is likely to rank higher on the psychopathy scale than their professional counterparts. Defense attorneys often spend too many hours at night and on weekends working on cases just before, during, and after the trial. But if the mobster keeps promising to kill the person who handed him over, the defense attorney has a duty to tell the authorities.
Regardless of what they think of a violent client with a history of heinous crimes, the ethical obligations of a defense attorney demand fair representation. Defense attorneys need to face the common public outcry that they are shady and defend suspects who believe or know they are guilty. It was believed that the right to a fair trial would be stronger if lawyers were aware of all the relevant facts. To a casual observer, that may seem extreme, but there are reasons for the rigor of attorney-client privilege.
In the original case, Stroud presented no evidence to the defense that would have helped Ford's case. However, that doesn't change the basic reality that a defense attorney has a duty to protect privileged information, to ensure that each defendant receives the best possible representation, and to fight zealously for those they represent. The ABA Journal explains that the general public does not understand that defense counsel plays a vital role in the American judicial system in protecting the constitutional rights of people accused of a crime. The right to a free and fair trial is superficial if it is not accompanied by a competent defense attorney who fights zealously for his clients.
Even to become a defense attorney and be able to protect the rights of accused offenders, you must finish law school and pass the state bar exam. And challenging yourself from a case in which a defense attorney no longer believes they can defend a person whom they consider guilty may, depending on how you look at the outcome, simply relinquish the problem to another defense attorney. Find out what other types of people might be attracted to the role of defense attorney, especially in cases where there isn't much ambiguity as to the defendant's guilt.
