Are Lawyers Liars? Disabusing the Misconception
Many laypeople express frustration when they see lawyers defending individuals accused of committing crimes. They often wonder why a lawyer would go to great lengths to secure the freedom of someone who, in their eyes, has committed an egregious act.
Lawyers are officers of the court and, by extension, officers of justice. They must fight for justice impartially and without discrimination, ensuring that everyone—regardless of their background—is given a fair hearing.
However, many laypeople express frustration when they see lawyers defending individuals accused of committing crimes. They often wonder why a lawyer would go to great lengths to secure the freedom of someone who, in their eyes, has committed an egregious act.
To address this concern, it is essential to understand the legal principles that govern justice. Article 14(2) of the 1992 Constitution of Ghana states that:
“A person who is arrested, restricted, or detained shall have the right to a lawyer of his choice.”
This provision makes no distinction between the innocent and the accused; everyone has a right to legal representation. Additionally, Article 19(2)(c) of the same Constitution affirms that:
“A person charged with a criminal offense shall be presumed innocent until he is proved or has pleaded guilty.”
This means that the public perception of an accused person does not determine their guilt. The court operates based on legal principles and the evidence presented before it, not on emotions or societal impressions.
Understanding the Role of Lawyers
For centuries, many people have held the belief that lawyers are liars simply because they defend individuals whom society perceives as criminals. This misconception arises from a lack of understanding of the justice system and the role lawyers play within it.
Just like other professionals, lawyers serve the public and their clients based on the principles of law. Their work is not about deception but about ensuring that justice is upheld through due process.
Key Points to Consider
- Lawyers and Judges Rely on Law and Evidence
The justice system functions based on law and evidence. Anyone seeking justice must ensure that their claims are backed by admissible evidence and recognized legal provisions. - How the Court Assesses Cases
When a case is presented in court, the lawyer has to provide sufficient admissible evidence and reference relevant legal provisions to support the case. The court, in turn, applies the law to the evidence presented before arriving at a judgment. - A Lawyer’s Duty to Challenge Non-Admissible Evidence
Lawyers have a responsibility to ensure that only legally admissible evidence is presented in court. They are expected to challenge any extraneous or improper evidence brought forward by the opposing party, per Section 6 of the Evidence Act, 1975 (NRCD 323). - Justice Is Based on Evidence, Not Emotion
Court proceedings are not based on emotions or personal opinions but on concrete legal arguments and evidence. It is not enough to merely accuse someone; there must be legally recognized proof to substantiate the claims.
The Reality of Legal Defense
If a person brings a case to court without sufficient evidence or legal backing and the opposing lawyer successfully argues based on legal principles, the ruling may not go in their favor. In such instances, blaming lawyers as liars is misplaced. The law does not function on deception but on proof and remedies provided within the legal framework.
Rather than viewing lawyers as dishonest, it is crucial to understand that their role is to provide and argue the law within the bounds of justice while convincing the court because the outcome of a case is not determined by a lawyer’s personal bias but by the strength of legal arguments and the evidence presented before the court.
