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The role of defense attorneys is multifaceted and governed by a combination of legal, ethical, and professional standards. Here, we will discuss the proper role of defense attorneys regarding their clients, focusing on the issues of client wishes, potential harm to third parties, and confidentiality in the context of ongoing criminal activity.

Responsibility to the Client

Defense attorneys have a fundamental duty to provide zealous representation to their clients. This means they must advocate for their client's interests within the bounds of the law, regardless of their personal beliefs about the client's guilt or innocence. The American Bar Association (ABA) Model Rules of Professional Conduct guide these responsibilities (American Bar Association, 2019).

Pursuing Client Wishes

Defense attorneys are generally expected to pursue the lawful objectives of their clients. However, this does not mean they must follow every wish of the client, especially if it is not in the client's best interests or is unethical. According to ABA Model Rule 1.2, a lawyer shall abide by a client's decisions concerning the objectives of representation and consult with the client as to how they are to be pursued. However, the lawyer is not required to pursue objectives that are illegal or unethical.

For example, if a client wishes to pursue a legal strategy that the attorney believes is detrimental, the attorney should advise the client against it and explain the potential consequences. If the client insists, the attorney may need to consider whether they can continue to represent the client effectively.

Harm to Third Parties

The ethical duty of confidentiality is a cornerstone of the attorney-client relationship, as outlined in ABA Model Rule 1.6. However, this duty is not absolute. There are exceptions where an attorney may disclose confidential information, such as to prevent reasonably certain death or substantial bodily harm (Rule 1.6(b)(1)).

If pursuing a client's wishes would harm a third party but is not illegal, the attorney faces a complex ethical dilemma. The attorney must balance their duty to the client with broader ethical considerations. In such cases, the attorney should counsel the client on the potential harm and explore alternative strategies that achieve the client's objectives without causing harm (American Bar Association, 2019).

Confidentiality and Ongoing Criminal Activity

Confidentiality is crucial for ensuring clients can communicate openly with their attorneys. However, ongoing criminal activity presents a unique challenge. According to ABA Model Rule 1.6(b)(2), a lawyer may reveal information relating to the representation of a client to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another (American Bar Association, 2019).

If the ongoing criminal activity is not inherently dangerous but involves fraud or other illegal acts, the attorney must consider their ethical obligations. They should advise the client to cease the illegal activity and warn them of the potential legal consequences. If the client refuses, the attorney may need to withdraw from representation under ABA Model Rule 1.16, which allows for withdrawal if the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent.

Conclusion

Defense attorneys must navigate a complex landscape of ethical responsibilities. They should pursue their clients' lawful objectives while providing candid advice, even if it means advising against the client's wishes. They must balance their duty of confidentiality with the need to prevent harm to third parties and address ongoing criminal activity appropriately. Ultimately, the proper role of defense attorneys is to provide zealous, ethical representation while upholding the integrity of the legal profession.