Refusal to Defend vis-a-vis Right to Legal Representation
Keywords:
Profession ethics, legal representation, special circumstances, natural justice, Article 21, Constitution, Right to Life, circumstances, crime, victim.Abstract
In the world of real lawyers and real clients, "role differentiation" refers to a fiduciary relationship in which the lawyer promises to take all reasonable and lawful means to attain the objectives of the client. Our Constitution guarantees right to representation to every accused regardless of the crime he has committed. However, the refusal to represent by the advocates hampers the Constitutional Protection offered to accused. Professional ethics requires an advocate to take the brief of the clients and defend them with all the skills they posses. However, on the special circumstances an advocate can deny to represent the accused. The circumstances include threat to the society, threat to the victim and societal perspective. When a person is accused of committing a heinous crime bar associations passes resolutions to refrain from representing him however this goes contrary to basic professional ethics. A person shall not be convicted without affording him to present evidences in his defense, denial of such an opportunity will be contrary to principles of natural justice which also forms a part of right to life enshrined under Article 21 of the Constitution.
The author in this paper has analyzed the instances in which an advocate can deny to represent the accused apart from analyzing the importance of legal representation.
