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A defendant’s attorney defends their client in criminal and civil cases by questioning guilt, negotiating with the opposition, and presenting evidence of innocence. They advise clients on legal choices and explain proceedings, but ultimately follow the client’s wishes. The attorney can settle or prepare for trial, examining evidence and discrediting witnesses. They can represent clients after the trial and appeal or renegotiate settlements.
The defendant’s attorney, both in criminal and civil cases, represents and defends the client in the best possible way. This could mean questioning a client’s notion of guilt or civil liability, which involves narrowing the prosecution’s or plaintiff’s case and/or seeking and producing evidence of the client’s innocence. Such work may also involve negotiating with the opposition to reduce charges, advising clients on the type of plea to be filed, and recommending the client’s legal choices. In any court case or negotiation with the plaintiff’s attorney or prosecutors, the defendant’s attorney must also explain the proceedings to the client, offering him a full range of choices.
A defendant’s attorney first reviews cases and communicates with clients. After a preliminary review, attorneys often make recommendations about what actions they believe are in the client’s best interest, such as whether to settle or move forward with a lawsuit. Clients do not have to follow the attorney’s advice, and the competent defense attorney presents all options, usually with a best guess as to the outcomes of the different avenues. Ultimately, since the lawyer is the client’s representative, she must follow the client’s wishes on how to proceed.
The client’s choice of proceedings means that the defendant’s attorney may have several different jobs. Bargaining with the opposition could settle the case or the lawyer could prepare for a skilled defense at trial. Lawyers are not tied to one scenario or the other. If the prosecuting attorneys are unwilling to move to resolve a case, the defendant’s attorney can always resort to a trial. Alternatively, at any point during a trial, before a verdict is reached, both sides can reach an agreement.
If the trial defense is chosen, the defendant’s attorney examines the evidence gathered by the opposing party and looks for ways to show that this evidence is inadequate evidence of criminal behavior or tort. In criminal trials, the defendant does not have to prove innocence, but a skilled defense must create a reasonable doubt of guilt. Civil lawyers are more challenged on this issue because the threshold for “proof” guilt is lower and favorable judgments from plaintiffs don’t necessarily require a unanimous vote. In both cases, the lawyer defends the client in different ways: by finding or providing witnesses or expert opinions that cast doubt, or when possible, by finding evidence proving innocence.
In court, the lawyer interrogates the opposing party’s witnesses, trying to discredit them. He also presents witnesses and examines them to create doubts. Attorneys also research the law relevant to the case and oppose proceedings that appear to be against the law or against the client, filing any necessary motions. Contact with clients and assessment of case strengths continues throughout the process.
The defendant’s attorney can still represent clients after a trial has finished in matters such as sentencing. They could also renegotiate settlements in civil cases or could file motions to appeal or overturn the sentences. The ongoing work of this attorney tends to depend on the outcome of the case and can vary.
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