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Ethics
: Legal Ethics ForumExplaining the Importance of Legal Representation
In another string, I reiterated my position that the Bar has not done an adequate job of explaining the importance of the lawyer's role in fulfilling the constitutional rights of all of us. I welcomed the criticism by the Liz Cheney group because it might induce that kind of public explanation. That is happening. Prominent lawyers, including Kenneth Starr, have published a letter saying in part:
"As attorneys, former officials, and policy specialists who have worked on detention issues, we consider these attacks both unjust to the individuals in question and destructive of any attempt to build lasting mechanisms for counterterrorism adjudications." They added that "the American tradition of zealous representation of unpopular clients goes back at least as far as John Adams' defense of British soldiers accused of killing colonists in what became known as the Boston massacre.?
Also, the Association of the Bar of the City of New York said that it ?unequivocally condemns these attacks as an assault on our nation's most fundamental values and traditions and on the very notion of the rule of law itself. It is fundamental that all persons no matter how unpopular have a right to representation by counsel and that lawyers have a duty to provide such representation and to do so on a pro bono basis where such persons cannot afford counsel."
In addition, American Bar Association President Carolyn Lamm, issued the following statement:
"Individuals and organizations conducting a witch hunt in order to name names of Department of Justice lawyers who earlier represented Guantanamo detainees are showing a profound disregard for a fundamental tenet of our justice system and our Constitution: that anyone who faces loss of liberty has a right to legal counsel."
Full post as published by Legal Ethics Forum on March 09, 2010 (boomark / email).
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