“until he discovers that one of those individuals was actually guilty” … as someone who has spent over 2 decades in the criminal justice system, the reality is that most clients are, in fact, guilty of at least one of the crimes charged. The lawyers know it, the clients know it, the judges know it, the cops know it and deep down in places we don’t like to talk about, the potential jurors know it, too. It is the rarity to actually represent an “innocent” client – and when you do represent the “innocent” client, the pressure you face as the attorney is extreme.
Indeed, I had the same reaction, although I don’t practice criminal law.
One of the things I think laymen have a hard time grasping is that lawyers often know, indeed they want to know, of the guilt or innocence, or the culpability or lack of culpability, of their clients, and manage it. We’re not that concerned really with the ultimate question in these regards so much as we are the results. And most practicing lawyers have to accept that they will operate where they defend the guilty.
But let me go one more step, I frankly feel that prosecutors in the criminal context come to know that they sometimes prosecute the innocent, or that they over charge the accused. I do see them occasionally, to their credit, and often at their personal cost in the public’s eye, dismiss charges against somebody, but more often than that somebody will be charged with a large offense and “lesser included offenses.”
By the same token, it’s extremely common for plaintiff’s lawyers to file lawsuits where they are very well aware that the Plaintiff is entitled to little, or even nothing.
So, at the end of the day, the criminal defense lawyer often defends the person whom he knows to be guilty. The prosecutor sometimes prosecutes somebody that he doesn’t feel to be personally guilty, or at least guilty of the highest crime charged. The civil litigator defends the client that he knows did wrong, or prosecutes an action on behalf of somebody he knows to be non deserving. All this is quite common.
But it’s also a bit warping. We often define victory in ways that other people cannot grasp. For those defending, getting a lesser conviction is a victory. Or, in the civil context, if a person pays less than we thought they might, that’s a victory. For the plaintiff’s lawyer, in spite of all the hype they will often put out about going to trial, settling a case for an amount they regard as adequate without a trial is a victory.
Even in other context, constant moral or intellectual compromise is in the works. When we draft contracts, we draft them for a client to their advantage. When we work on wills, we do what the testator wants, not what we feel that they should want. And so on.
The reason all of this matters in the context of this thread is that it’s hard to see how a person with deep moral convictions cannot be impacted by this over time. A person has to have an extremely deep belief in the value of the legal system in order not to despair at least a bit over this. The general thesis is that by doing the very best we can for our clients, we advance the system, and by doing that we insure the best system possible. But that’s a belief that we have to hold in general while knowing in the particular that it often does not work that way in any one particular case.
The best argument, fwiw, that I’ve heard for the system is actually a line out of A Man For All Seasons, in which St. Thomas More notes that he’d give the Devil his due in court, for the safety of all in court. It’s a sound argument, but frankly at least in a lot of examples, those who serve the system are worn down by it.