Why Can't a Lawyer and a Client Be Considered the Same Person?
Recently, we’ve been seeing more and more attempts to put pressure on lawyers. One of the most common tactics is to criticize a lawyer’s morality, asking, “How can you not be ashamed to defend (a murderer, a rapist, a separatist—fill in the blank)?” At the same time, the lawyer has to bear the brunt of all the anger directed at their client.
Let’s examine the fallacy of this practice.
In addition to the formal prohibition against equating a lawyer with their client under the Law “On the Bar and the Practice of Law,” it is always important to remember everyone’s right to legal assistance from a lawyer. Moreover, in certain cases, the presence of a defense attorney is mandatory!
We must also not forget the fundamental principle of the presumption of innocence. After all, lawyers primarily deal with suspects or defendants—that is, people whose guilt has not been confirmed by a final conviction. Moreover, a lawyer’s work is aimed at protecting the client’s rights, not at condoning a crime. Therefore, anyone who criticizes a lawyer for the cases they handle should remember that they, too, could one day become that lawyer’s client.
Author: Alexander Shadrin, Partner at Barristers, LLC