Introduction

• Author: David Layton; Michel Proulx
• Pages: 1-14

1

INTRODUCTION

A. DIFFICULT QUESTIONS

What should criminal defence counsel do when a client wants her to

take posses sion of a thumb drive containing document s that are re-

lated to the charged crime but might help in mounting a defence? Can

a lawyer refuse to negotiate a plea de al for a client who wants to cooper-

ate with the prosecution, on the ground th at “snitches” sometimes fab-

ricate evidence to save their own sk in, and helping one might be bad for

business? When, if ever, can a lawyer jointly act for multiple accused

in the same case? Can defence counsel override a client’s instructions

regarding which witnesses to call at tr ial? To what extent can a pros-

ecutor get involved in a police service’s pre-charge investigation of a

crimina l matter? In preparing a witness to te stify, can Crown counsel

draw the witnes s’s attention to other evidence in the case that appears

inconsistent with the w itness’s testimony, and ask for an explanation?

These diff‌icult questions offer just a sm attering of the broad range

of ethical issues t hat lawyers face in t he practice of crimina l law. They

engage a complex range of duties, sometimes seemingly inconsonant,

that a lawyer owes to t he client and the administ ration of justice. Such

duties are closely connected to the law yer’s special role in the crim-

inal justice system, a role ref‌lected in eth ical standards adopted by the

legal profession. At the same time, law yers often bring to bear p ersonal

conceptions of justice that help to shape their singular role as advo-

cates. To make matters more complicated still, lawyers a re commonly