Standard Two: Duties and Responsibilities of Counsel

American Bar Association Standards for Criminal Justice, Standard 4-1.1, Role of Defense Counsel:
1. Counsel for the accused is an essential component of the administration of criminal justice. A court properly constituted to hear a criminal case must be viewed as a tripartite entity consisting of the judge (and jury, where appropriate), counsel for the prosecution, and counsel for the accused.
2. The basic duty the lawyer for the accused owes to the administration of justice is to serve as the accused's counselor and advocate with courage, devotion, and to the utmost of his or her learning and ability and according to law.
3. The defense lawyer, in common with all members of the bar, is subject to standards of conduct stated in statutes, rules, decisions of courts, and codes, canons, or other standards of professional conduct. The defense lawyer has no duty to execute any directive of the accused which does not comport with law or such standards. The defense lawyer is the professional representative of the accused, not the accused's alter ego.
4. It is unprofessional conduct for a lawyer intentionally to misrepresent matters of fact or law to the court.
5. It is the duty of every lawyer to know the standards of professional conduct as defined in codes and canons of the legal professional and in this chapter. The functions and duties of defense counsel are governed by such standards whether defense counsel is assigned or privately retained.
6. As used in this chapter, the term "unprofessional conduct" denotes conduct which, in either identical or similar language, is or should be made subject to disciplinary sanctions pursuant to codes of professional responsibility. Where other terms are used, the standard is intended as a guide to honorable professional conduct and performance. These standards are not intended as criteria for the judicial evaluation of alleged misconduct of counsel to determine the validity of a conviction. They may or may not be relevant in such judicial evaluation, depending upon all the circumstances.

American Bar Association Standards for Criminal Justice, Standard 4-1.1, Role of Defense Counsel, commentary:
The adversary system requires defense counsel's presence and zealous professional advocacy just as it requires the presence and zealous advocacy of the prosecutor and the constant neutrality of the judge. Defense counsel should not be viewed as impeding the administration of justice simply because he or she challenges the prosecution, but as an indispensable part of its fulfillment.

American Bar Association Standards for Criminal Justice, Standard 5-5.1:
The objective in providing counsel should be to assure that quality legal representation is afforded to all persons eligible for counsel pursuant to this chapter. The bar should educate the public to the importance of this objective.

American Bar Association Standards for Criminal Justice, Standard 5-5.1, Initial provision of counsel:
Counsel should be provided to the accused as soon as feasible after custody begins, at appearance before a committing magistrate, or when formal charges are filed, whichever occurs earliest. The authorities should have the responsibility to notify the defender or the official responsible for assigning counsel whenever a person in custody requests counsel or is without counsel. Upon request, counsel should be provided to persons who have not been taken into custody but who are in need of legal representation arising from criminal proceedings.

National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.1, Availability of Publicly Financed Representation in Criminal Cases:
Public representation should be made available to eligible defendants (as defined in Standard 13.2) in all criminal cases at their request, or the request of someone acting for them, beginning at the time the individual either is arrested or is requested to participate in an investigation that has focused upon him as a likely suspect. The representation should continue during trial court proceedings and through the exhaustion of all avenues of relief from conviction.

Defendants should be discouraged from conducting their own defense in criminal prosecutions. No defendant should be permitted to defend himself if there is a basis for believing that:
1. The defendant will not be able to deal effectively with the legal or factual issues likely to be raised;
2. The defendant's self-representation is likely to impede the reasonably expeditious processing of the case; or
3. The defendant's conduct is likely to be disruptive of the trial process.

National Legal Aid and Defender Association Standards for Defender Services, Standard II-2a-f:
1. The defense service shall contact a potential client immediately after any indication of request, regardless of the source of that request or the stage of the criminal process.
2. Where no indication of request has been received, the defense service should contact each person arrested at the earliest possible opportunity to advise him of his rights and ascertain his desire for legal services.
3. When, after a contact, the defense service representative determines the accused desires to employ private counsel, the service should assist the accused to obtain competent private counsel in accordance with established bar procedures.
4. At the initial contact and interview, the defender or his attorney staff shall initiate all necessary measures to obtain such prompt legal, investigative, scientific or other expert assistance in the case as the circumstances may require.
5. In all cases, representation by the defender should begin at the same point as it might legally begin for a person of means, including the point at which the defendant comes under suspicion of crime.
6. In cases where the defense service began representation for an accused person who is subsequently found to be ineligible for the defense service, the defense service should immediately be relieved from the case, except to the extent that the service delivers information about the case to the new defense lawyer and familiarizes the new defense lawyer with the matter.

National Legal Aid and Defender Association Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline III-18e, Standards of Recommendation:
The contract shall require that the Contractor provide defense services to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, any applicable state bar association standards, the canons of ethics for attorneys in the state of the contract, and case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. The contract shall provide that counsel under contract shall be available to eligible defendants at their request, or the request of someone acting on their behalf, beginning at questioning, arrest, formal charging, or indictment. The Contracting Authority or the Contractor, as appropriate, shall ensure that attorneys provided by the contract shall be accessible to defendants before formal court appointment.