Is it necessary for defense lawyers to believe that
the clients they defend are innocent of the charges
against them? Some legal scholars hold that lawyers’
sole obligation is to provide the best defense they are
(5) capable of, claiming that in democratic societies all
people accused of crimes are entitled to the best
possible legal representation. They argue that lawyers
have no right to judge defendants because it is the job
of the courts to determine guilt or innocence and the
(10) job of the lawyer to represent the defendant before the
court. They believe that the lawyer’s responsibility is to
state those facts that will assist each client’s case,
construct sound arguments based on these facts, and
identify flaws in the arguments of opposing counsel.
(15) According to these scholars, the lawyer’s role is not to
express or act on personal opinions but to act as an
advocate, saying only what defendants would say if
they possessed the proper training or resources with
which to represent themselves.
(20) But such a position overlooks the fact that the
defense lawyer’s obligation is twofold: to the
defendant, certainly, but no less so to the court and, by
extension, to society. For this reason, lawyers, great as
their obligation to defendants is, should not, as officers
(25) of the court, present to the court assertions that they
know to be false. But by the same principle, lawyers
who are convinced that their clients are guilty should
not undertake to demonstrate their innocence. Guilty
defendants should not be entitled to false or insincere
(30) representation. When lawyers know with certainty that
a defendant is guilty, it is their duty not to deny this.
Rather, they should appraise the case as much as
possible in their client’s favor, after giving due
consideration to the facts on the other side, and then
(35) present any extenuating circumstances and argue for
whatever degree of leniency in sentencing they
sincerely believe is warranted. In cases where it is
uncertain whether the client is guilty but the lawyer
sincerely believes the client may well be innocent, the
(40) lawyer should of course try to prove that the client is
innocent.
The lawyer’s obligation to the court and to society
also ultimately benefits the defendant, because the
“best defense” can only truly be provided by an
(45) advocate who, after a careful analysis of the facts, is
convinced of the merits of the case. The fact that every
client is entitled to a defense does not mean that
defense lawyers should take every case they are
offered. Lawyers should not be mere mouthpieces for a
(50) defendant but instead advocates for the rights of the
defendant given the facts of the case.
1. Which one of the following most accurately expresses the main idea of the passage?(A) Some legal scholars defend a morally questionable view that defense lawyers’ sole obligation to their clients is to provide the best defense, while it is the court’s job to determine guilt or innocence.
(B) Defense lawyers should put aside personal judgments about their clients’ guilt when determining how best to proceed when representing a client.
(C) In a democracy, all persons accused of crimes have a right to an attorney who will state the facts, construct sound arguments, and identify flaws in the arguments of opposing counsel.
(D) Lawyers should be mindful of their duty to society as well as to their clients and base the decision as to whether, and how, to defend a client on the facts of the case.
(E) Defense attorneys are obligated to defend clients who request their professional services, especially when the attorney is absolutely convinced of the client’s innocence.
2. Which one of the following most accurately describes the author’s attitude toward the twofold obligation introduced in lines 20–23?(A) confident that it enables defense lawyers to balance their competing responsibilities to the court and to society
(B) certain that it prevents defense lawyers from representing clients whom they know to be guilty
(C) satisfied that it helps defense lawyers to uncover the relevant facts of a case
(D) pleased that it does not interfere with common defense strategies used by defense lawyers
(E) convinced that it does not represent a conflict of interest for defense lawyers
3. Which one of the following sentences would most logically begin a paragraph immediately following the end of the passage?(A) In keeping with this role, defense lawyers should base their cases upon the foundations of honesty, substantive accuracy and selectivity.
(B) Therefore, the practice of law remains morally dubious, in that misrepresentation may achieve acquittal for an attorney’s client.
(C) Consequently, the defendant’s right to legal representation varies from case to case, depending on the severity of the alleged crime and the defense lawyer’s personal interpretation of the case.
(D) Thus, the lawyers’ obligations are threefold— to be faithful to the dictates of the court, society, and themselves by proving their professional worth in securing acquittal for the clients whom they represent.
(E) Therefore, judges or other officials of the court should interrogate defense attorneys regarding any prior knowledge they may have of their clients’ innocence or guilt.
4. According to the passage, the legal scholars mentioned in lines 15–19 believe that it is a defense lawyer’s role to be(A) a source of legal information that can help a jury to reach decisions that are fair and equitable
(B) a thorough investigator of all relevant evidence
(C) a diligent representative of the client’s position
(D) a facilitator and expediter of the cause of justice
(E) an energetic advocate of the client’s right to legal representation
5. The relationship of the information contained in the two sentences at lines 28–31 to that in the sentence at lines 7–11 can most accurately be described as(A) no significant relationship because they represent two unrelated factual statements
(B) the author’s opinion opposing another opinion reported by the author in the earlier lines
(C) a hypothetical situation supporting a statement reported by the author in the earlier lines
(D) agreement in general with the earlier position but disagreement over the particulars
(E) essentially equivalent assertions arising from different perspectives
6. It can be inferred from the passage that the author holds that a defense attorney who argues in court that a client is innocent(A) should sincerely believe that the client may be innocent
(B) would be right to do so even if the attorney knows that the client is actually guilty
(C) is assuming that role of mouthpiece for the client
(D) has favored the obligation to the client over that to society
(E) has typically not researched the facts of the case thoroughly
7. The primary purpose of the passage is to (A) show that ethical dilemmas in the legal profession can complicate the defense lawyer’s role
(B) argue that the defense lawyer’s duty to the court and society complements effective legal representation for the client
(C) explain why the actual guilt or innocence of a defendant is not an important issue to many defense attorneys
(D) discuss some of the issues that a defense lawyer must resolve prior to accepting a case
(E) reveal how the practice of law strengthens the values and principles of democratic societies