The golden rule of advocacy is that ‘a lawyer is obliged to defend his client to the best of his abilities in all instances’, including the cases wherein a client may be guilty of an offence. The ethics code for lawyers requires that a lawyer provide the best defense possible for his clients and that the right of a fair trial should be allowed for any individual.
It is understandable that clients might be hesitant to share all the details concerning their case and might also be afraid that their lawyers might judge them. Even in the instances wherein the clients remain silent and do not share the complete information, they would still be worried whether the lawyer will represent them in the case and whether the lawyer will do a poor job of it? Such worries are pretty unnecessary, and the clients should not put themselves in this position. A client should instead focus on sharing all the relevant details concerning their case matter to their lawyers.
It should be understood that, in the UAE, the jurisprudential principle of ‘presumption of innocence’ is applicable, and hence an accused is always presumed innocent until proven guilty. The guiding principle of ‘presumption of innocence’ is incorporated in the very fabric of the constitution of the UAE (“UAE Constitution”). Article 28 of the UAE’s Constitution confirms the principle that “An accused is innocent till proven guilty in a fair legal trial”. The same principle is also included in Article 2 of the UAE Federal Law number 3 of 1987 promulgating the Penal Code (“UAE Penal Code”). Article 2 of the UAE Penal code states that, ‘No one shall be condemned for a crime committed by another, and the accused shall be presumed innocent until he is proved guilty’. A lawyer is hence duty-bound to provide the best defense possible for their client and to ensure that these guiding principles are upheld before a court of law.
It is natural for a client to be vary about sharing self-incriminating information to their lawyer. However, the client should understand that a lawyer can provide them with the best defense only if all facts are known to them. Lawyers are highly learned and skilled professionals, and they are the least judgmental of all people. The goal of a professional lawyer who is representing an accused is to focus on the defense strategies. Hence the adage that a good lawyer does not focus on ‘whether their client is guilty or not’, but, rather ‘whether their client is guilty in the eyes of the law’. A lawyer operates within the context of the rule of law and respects the law. While representing his or her clients, a professional lawyer thus focuses on providing the best defense within the scope of the law. Being represented by legal counsel and receiving a fair trial is the right of every accused.
