It is common in all religions, doctrines and philosophies that no wrong should go unpunished and persons who are suspected to have committed crimes have to face the full wrath of the law and pay for their sins. To the eye of the public, a lawyer’s moral compass is measured the moment they represent a suspect accused of committing a heinous crime. Such heinous crimes include:- murder, rape, defilement, economic crimes (e.g. stealing of public funds) among others. It is assumed that these persons do not deserve the benefit of legal representation. It is at this point that the lawyer’s moral scale is measured through the public eye when they represent them. Two of the Public’s biggest questions are:-
1. Do these persons need representation?
Pursuant to Article 50 (h) of the Constitution of Kenya 2010, it is a constitutional right for accused persons to have legal representation from an advocate. In fact it is the state which is under the duty to provide legal representation.
Lawyers are guided by the cab rank rule which mandates lawyers to take briefs as they come without any bias. The Cab rank rule originates from the British taxis/cabs in London which would have their lights on to indicate that they were available for work or off to indicate unavailability. The client who comes first is served by the first Cab. On the otherhand, the taxi driver does not get to choose the client. This applied in the same manner as in the legal profession.
In the medieval times a lawyer was mandated to take up any case/client that would come into their office.
2. Does a lawyer have a duty to take up all cases?
Each lawyer has personal reservations of cases/clients whom they are comfortable in representing. Their reasons for refusal to take up a brief could be based on conflict of interest, personal moral reservations, expertise, time, resources etc.
This can be seen in other professions where your personal doctor refers you to another doctor not because of bias but the other doctor is in a better position to treat you better.
Whether or not the lawyer agrees or refuses to represent the client, anything confided to the lawyer in confidence remains confidential information and protected as such by law.
CONCLUSION
Any accused person has a right to representation. Whereas the society expects a murder suspect to be lynched, the law mandates a right to fair trial process which includes legal representation.
Just as in any trial a lawyer’s role is to ensure that this process is followed. A lawyer’s duty is to voice out his client’s grievances in a legal manner.
