Law Sully 84 views

Same Game, Different Unis

I compose this entry in response to some posts on Facebook or comments about criminal defense attorneys and the clients we represent.

I understand that many folks do not understand why anyone would choose to work as a criminal defense attorney.  The reasons for doing so are as varied as the personalities of those who practice.  I will not wax poetic about those motivations.  It has all been said before.  Frankly, I do not feel the need to justify my job to anyone, but that is a different conversation.  I do not seek to convince anyone of the imperative of the job.

However, I have become increasingly frustrated with the holier-than-thou attitude of many [certainly not all] district attorneys and others, who could be glossed as “pro-prosecution.”  Prosecutors’ and criminal defense attorneys’ fundamental beliefs about “justice” and how best to achieve it are usually opposites.  The system is designed that way.

I do not disparage those that disagree with my job or my viewpoint.  I am irritated by persons who believe that prosecutors’ job is more noble, more morally legitimate than mine.  Guess what – For every bad guy that walks out of the courtroom as a free person, because of the defense attorney’s advocacy [and the prosecutor’s failure], there is a police officer or other witness who fudges the truth to secure a conviction.

So, I say to my self-righteous friends at the opposing counsel’s table: Get over yourself.  You aren’t feeding the sick or curing cancer.  You aren’t carving out your spot in heaven with each conviction.  You are seeking justice as you advocate on behalf of the government, the citizens.  Criminal defense attorneys seek justice as we advocate on behalf of one citizen.

We play the same game but wear different uniforms.