Standard:

The legal representation plan shall require that defense services be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable state bar association standards, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most fundamental responsibility is to promote and protect the best interests of the client.

Related Standards:

American Bar Association, Standards for Criminal Justice, 4-1.1, 5-5.1 and 5-1.1.

National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standards 13.1.

National Legal Aid and Defender Association, Standards for Defender Services, Standard II-2.

National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline III-18.

Commentary:

Just as in other professions, law has rules of professional conduct and ethical canons governing the actions of its members. These rules state the minimum level of conduct below which no lawyer can fall without being subject to disciplinary action. These rules include truthfulness in representation of matters before the court, the disclosure to clients of potential conflicts of interest, the confidentiality of all client communications, and many other matters.

In addition to these professional standards, the federal and state courts, in their rulings on criminal cases, have defined the constitutional obligation of the states to provide counsel to the accused and the level of legal assistance which that obligation entails. The Arizona Supreme Court in 1984 found an entire county public defense system unconstitutional because high attorney caseloads made effective assistance of counsel impossible. Arizona v. Smith, 681 P.2d 1374 (1984). The U.S. Supreme Court in Ake v. Oklahoma, 470 U.S. 68, 84 L.Ed.2d 53, 105 S.Ct. 1087 (1985), ruled that the state's failure to provide psychiatric experts to the defense deprived the defendant of a fair trial.

Convictions may be reversed, or an entire program be held unconstitutional if the county or city, through its contracts with defense attorneys, does not ensure that legal and ethical obligations can be met.

The role of the criminal defense attorney set forth in the ABA Standards is that of a "zealous advocate" whose "basic duty" 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." It is inappropriate for the courts or contracting authorities to limit defense counsel's zeal in the pursuit of the client's interests unless the advocacy violates specific standards of professional conduct. The commentary on the standard notes that the adversary system "requires defense counsel's presence and zealous advocacy just as it requires the presence and zealous advocacy of the prosecutor and the constant neutrality of the judge."

Among the duties required of defense counsel in each case are investigation of the facts, research of relevant law, communication with the client, review of possible motions, review of plea alternatives, review of dispositional alternatives, trial preparation, and vigorous representation in court.