What does a defense attorney do?

What is a Defense Attorney?

Defense attorneys are lawyers who help people or groups accused of committing a crime. Their main job is to protect the rights of the accused, make sure they get a fair trial, and defend them by questioning the evidence and arguments from the other side.

Defense attorneys are an important part of the justice system. They ensure that everyone is treated as innocent until proven guilty and that the prosecution must provide strong proof before someone can be found guilty.

What does a Defense Attorney do?

Duties and Responsibilities
The work of the defense attorney is multifaceted. It encompasses:

• Understanding the Case: A defense attorney starts by meeting with the client to learn all the details of the case. They review the charges, gather information, and study the evidence to understand what happened.
• Investigating: They conduct their own investigation by interviewing witnesses, reviewing documents, and looking for anything that might support their client’s case. They may work with private investigators or experts to build a strong defense.
• Giving Legal Advice: Defense attorneys explain the legal process to their clients, including their rights, the charges they face, and possible outcomes. They guide clients in making decisions, such as whether to plead guilty or go to trial.
• Negotiating Plea Deals: If appropriate, the defense attorney may work with the prosecution to negotiate a plea deal. This could involve the client pleading guilty to lesser charges in exchange for a reduced sentence.
• Representing Clients in Court: Defense attorneys represent their clients in court during hearings and trials. They present evidence, question witnesses, and make arguments to challenge the prosecution’s case.
• Protecting Client Rights: They ensure that their clients’ legal rights are not violated during the legal process. For example, they can object if evidence was obtained unlawfully or if the client is treated unfairly.
• Building a Defense Strategy: Defense attorneys create a plan to defend their clients based on the facts of the case. This could involve proving their client’s innocence, showing a lack of evidence, or arguing for a lesser sentence.
• Preparing for Appeals: If the client is found guilty, the defense attorney may help file an appeal to challenge the decision and try to get the case reconsidered by a higher court.

Types of Defense Attorneys
Now that we have a sense of the defense attorney’s work, let’s look at some different types of these attorneys, primarily distinguished by how they are hired and the nature of the cases they handle:

Private Defense Attorneys

• Hired by the Defendant – These attorneys are privately retained by individuals or organizations who can afford to pay for their legal services.
• Advantages – Clients have the ability to choose their attorney and may receive more personalized attention due to the private arrangement.
• Examples – Handle cases ranging from misdemeanors to serious felonies.

Public Defenders

• Appointed by the Court – Public defenders are provided by the government for individuals who cannot afford to hire a private attorney.
• Advantages – Free or low-cost legal representation ensures access to justice for all.
• Challenges – Public defenders often have high caseloads, which may limit the time and resources available for each case.

Specialized Defense Attorneys
These attorneys focus on specific areas of law, defending clients in particular types of cases. Examples include:

• Criminal Defense Attorneys – Handle various criminal cases, such as theft, assault, sexual assault, drug charges, or murder; attorneys defending non-citizens facing criminal charges that may lead to deportation need to have knowledge in both criminal law and immigration law, known as ‘crimmigration’ law
• White-Collar / Corporate Crime Attorneys – Specialize in financial crimes like fraud, embezzlement, insider trading, money laundering, bribery, or cybercrime
• DUI / DWI Attorneys – Focus on cases involving driving under the influence of alcohol or drugs
• Juvenile Defense Attorneys – Represent minors accused of criminal activities in the juvenile justice system
• Military Defense Attorneys – Represent service members facing court-martial or military-related legal issues
• Federal Defense Attorneys – Handle cases involving violations of federal laws, such as interstate crimes or drug trafficking

Conflict or Panel Attorneys

• These are private attorneys appointed to represent defendants when public defenders have a conflict of interest, such as representing co-defendants in the same case.

Pro Bono Defense Attorneys

• These attorneys take on cases for free (pro bono) to assist individuals in need, often as part of their commitment to public service.

Each type of defense attorney plays a critical role in ensuring that all individuals, regardless of financial means or case complexity, have access to a robust legal defense.

What is the workplace of a Defense Attorney like?

Defense attorneys can be employed by various entities depending on their type of practice and area of specialization.

Private Defense Attorneys

• Employed by Private Law Firms – Many defense attorneys work for law firms specializing in criminal defense or other legal areas.
• Employed by Non-Profit and Advocacy Groups – Organizations like the Innocence Project or local legal aid societies may employ defense attorneys to represent underserved communities or focus on specific causes, such as overturning wrongful convictions.
• Self-Employed – Some operate independently as solo practitioners.

Public Defenders

• Employed by the Government – Public defenders are salaried employees of the government and work for local, state, or federal public defender offices.

Corporate Defense Attorneys

• Employed by Corporations – Companies may employ in-house legal teams or hire private defense attorneys to handle regulatory, white-collar, or other legal issues.

Military Defense Attorneys

• Employed by the Armed Forces – Defense attorneys working for the military are part of the Judge Advocate General’s (JAG) Corps.

Conflict or Panel Attorneys

• These attorneys are contracted by courts.

Pro Bono Defense Attorneys

• Defense attorneys that take on pro-bono cases often work with non-profit organizations.

The workplace of a defense attorney can vary widely depending on their type of practice and the nature of their cases. Adaptability, multitasking, and a focus on detail are elements that are common across the environments in which they find themselves:

• Office Setting – Defense attorneys in private firms typically work in office settings. Small or boutique firms may offer a more personalized atmosphere, focusing on specific areas like criminal defense or DUI cases. Defense attorneys employed by large firms may work in a team environment, collaborating on high-profile or complex cases.
• Government Offices – These offices may be located near courthouses. Some defense attorneys transition between public defense and prosecution roles, often within government facilities.
• Courtrooms – Defense attorneys spend a significant amount of time in court, where the environment can be formal and high-pressure, requiring excellent communication and quick thinking.
• Jails and Prisons – Defense attorneys frequently visit incarcerated clients to discuss their cases and prepare for court.
• Homes or Businesses – In certain cases, they may meet clients at their residences or workplaces, especially in private practice.
• Libraries and Research Facilities – Defense attorneys often spend time in libraries or online research platforms reviewing case law, statutes, and precedents to build their cases.
• Travel and Fieldwork – Defense attorneys may visit crime scenes, interview witnesses, or work with investigators to gather evidence. Court appearances in different jurisdictions may be required, especially for federal or multi-jurisdictional cases.
• Virtual Workspaces – Technology enables remote communication with clients, virtual court hearings, and digital case management.
• High-Stress but Rewarding Atmosphere – The nature of the work can be intense due to tight deadlines, high stakes, and the emotional toll of representing individuals in critical situations. However, it is also fulfilling for attorneys passionate about justice, fairness, and advocacy.