• Criminal lawyers have significant duties and responsibilities under the law.Justice image by MVit from Fotolia.com
  
  Criminal lawyers typically fall into one of two categories: defense counsel or prosecutors. State government hires prosecutors to represent "the people." They assemble and argue cases against defendants charged with a crime. Defense attorneys represent those defendants. Either the defendants retain their services or the state appoints them, if the defendants meet certain income requirements.
  
  

Know the Law

• All criminal attorneys must know the criminal statutes in their jurisdictions. Criminal statutes set forth the elements of crimes, the rules regarding searches, seizures and arrests and the procedures that govern document filings and how the court disposes of cases. All attorneys, including criminal attorneys, have a duty and responsibility to be competent. Without this foundational knowledge, it is nearly impossible for an attorney to competently counsel clients or try a case in court.
  
  

Counsel Witnesses

• Defense attorneys have a responsibility to counsel their clients, informing them of the charges against them, their rights and their options--whether to go to trial, testify or accept a plea offer from the state. Defense lawyers must also prepare key witnesses who will testify on the defendant's behalf. Additionally, prosecutors often prepare witnesses to testify against defendants. Witness preparation does not involve telling a witness what or what not to say, since witnesses have an obligation to tell the truth when testifying.
  
  

Advocate

• All criminal lawyers have a responsibility to zealously advocate on each client's behalf. This duty often includes representing a client in court at trial, presenting motions and advancing the client's interests. In instances where the opinion of the client and the lawyer differ, the lawyer has a responsibility to defer to the client's wishes, regardless whether those wishes are in the client's best interests.
  
  

Maintain Confidentiality

• Criminal lawyers are regularly provided incriminating and sensitive information. The rules of professional conduct in all jurisdictions mandate that they keep client information confidential. This means they have a responsibility to share no private client information with any individual. The only exceptions are law firm colleagues with a need to know, or if the client consents to disclosure.