Defense of the Unpopular

• Author: Bob Carlson
• Pages: 8-8

8 || ABA JOURNAL JULY-AUGUST 2019

PHOTO BY TOM SALYER PHOTOGRAPHY

President’s Message || By Bob Carlson

Follow Preside nt Carlson on Twitter @ABAPre sident or email abapr esident@america nbar.org.

Defense of the Unpopular

Lawyers should not su er backlash for defending rights of unsympathetic clients

In 1770, John Adams risked his repu-

tation and infl a med the ire of his fellow

patriots when he represented the Briti sh

soldiers who were accused of ki lling

fi ve colonists in the Bost on Massacre.

Even before the creation of a United

States, a Decla ration of Independence

or a Constitution, Adams u nderstood

that for a legal system to work , every-

one accused of a crime must have

representation.

Adams won acquitt al from mur-

der charges for six of the soldiers and

reduced manslaughter convic tions for

two others. Ada ms went on to become

the fi rst of 26 lawyer s who would serve

as president of the United States . But

the backlash that A dams received 250

years ago is st ill an issue today.

Equating the bad a cts of the accused

with the attorney r epresenting them

can be a natura l human impulse, espe-

cially when the crimes a lleged are hei-

nous and the defendants are unpopula r.

Lawyers, however, should not be ostra-

cized or face penalt ies such as loss of

business or abuse if they choose to

defend a reviled client.

Lawyers are not defending t he crime.

They are defending rights and lib er-

ties—to which we all are entit led—t hat

are enshrined in t he Constitution. They are ensuring

that the procedures are fa ir, that the accused has not

been mistreated a nd that the government has met its

burden of proof beyond any reasonable doubt. These

safeguards ens ure that justice is there for the inno-

cent and the guilty, the sympat hetic as well as the

unsympathetic defendant .

Our adversaria l justice system requires a defense

attorney to sta nd up for the accused and ba lance the

arguments of the prosec ution. A lawyer can guide

a client through the process and defend thei r civil

rights without excusing or condoning what t he cli-

ent is accused of doing. Even Nazi war cr iminals were

a orded counsel. It did not mean their law yers were

sympathizers.

The American Bar A ssociation’s Model Rules

of Professional Conduct clearly stat e that, “A law-

yer’s representation of a client … does not constitute

an endorsement of the client’s politi-

cal, economic, socia l or moral views or

activities .” The Sixth Amendment of

the Constitution defi nes de fendants’

right to have “assistance of c ounsel”

in their defense. It doesn’t defi ne what

kind of client is a orded that r ight.

The right to counsel only has mea n-

ing if defense attorneys c an represent

the most despised defendants w ith-

out adverse consequences from socie ty.

Adams taught us thi s lesson more than

250 years ago. We would be wise today

to follow Adams’ advic e when he said,

“Always stand on principle … even if

you stand alone.”

My tenure as president of the A BA

has given me a chance to w itness fi rst-

hand principled lawyers worki ng dil-

igently to make our system a nd our

country bett er. I a m proud to be part of

a profession that stands up for fair tr i-

als and protects judic ial independence

and the legal profession around the

world and at home.

Advancing access t o justice for all,

fi ghting for an impart ial judiciary and

promoting diversity are noble endeav-

ors. I have been honored to have played

a small role in fur thering them, as well

as many other importa nt e orts.

I have been privileged to se e volunteers and sta

helping asylum-seekers at the border and assi sting

victims of natu ral disasters around the countr y. I have

been humbled to witness the lengt hs lawyers have

gone to help their colleagues su ering from addiction

and depression. I was proud when the ABA spoke out

in defense of a free press and f ree speech at Law Day

and teamed with t he Clooney Foundation for Ju stice

and others to launch the TrialWatch program t o help

shine a light on trials ar ound the world where journal-

ists, among others, are bei ng unfairly prosecuted.

When my successor, Judy Perry Martinez , becomes

ABA president in August, she w ill be bolstered by an

association and a profession that c ares about these

causes and other e or ts that advance the calling of

the legal profession. I know she wil l stand for princi-

ple, and because of the ABA , I know she will not have

to stand alone. Q

—BOB CARLSON

“I WAS PROUD

WHEN THE ABA

SPOKE OUT IN

DEFENSE OF A FREE

PRESS AND FREE

SPEECH AT LAW

DAY.”