Finding a Good Defense Attorney: In Too Deep??

This is the image many think of when they picture the defense attorney or lawyers in general. Blumberg’s piece on the defense lawyer argues that personal agendas often lead lawyers to persuade their clients to plead guilty, despite the circumstances. He gives readers a pessimistic view of the plea bargaining system and the interaction between the lawyer, the judge, and the prosecutor. According to Blumberg, the defendant has become a “secondary figure…a means to other ends of the organization’s incumbents.” He insists that defense lawyers steer their clients towards a guilty plea, rather than taking an “adversarial posture.”

I agree with Blumberg’s criticisms of the defense lawyer. In many ways, their personal agendas encourage them to play a more low-key role and work harder to plead cases out. Plea bargaining in the court system downplays the fundamental idea of one’s right to zealous advocacy. Blumberg is also correct in saying it gives lawyers an easy fix, undermining justice in the courtroom, simply so the case can be resolved as soon as possible. However, without such bargaining, the criminal justice system would have to be completely uprooted simply due to the case load. I feel the challenge involved in being a good defense lawyer is finding a balance between zealous advocacy and the negotiation process. It is important to communicate with both the judge and the prosecutor, but a defense attorney should never lose sight of their clients’ interests and in the end their goal should be to get the best results for them as possible.