Defence Counsel
Defence counsel are the lawyers who represent the accused in a criminal case. The role is fundamentally adversarial: defence counsel advocate fearlessly within the law for the client's interests, challenging the Crown's evidence, raising defences, negotiating resolutions, and protecting Charter rights. The defence lawyer is the accused's voice in a system where the consequences of conviction can shape the rest of their life.
Mass Tsang LLP is a Toronto criminal defence firm with over 30 years of combined experience. Every lawyer at the firm represents the accused; the firm does not take Crown work, family law, or commercial matters.
Duties to the client
Defence counsel owe their clients several core duties: competence (the lawyer must have the legal knowledge and skill the case requires); loyalty (the lawyer cannot act against the client's interests, including by taking on conflicting representations); candour (the lawyer must give the client honest advice, including unwelcome advice); diligence (the lawyer must act promptly and conscientiously); and confidentiality (the lawyer cannot disclose privileged information without permission).
Duties to the court and the administration of justice
Defence counsel are also officers of the court. They cannot knowingly mislead the court, present false evidence, or assist in perjury. They must comply with rules of professional conduct and rules of court. The duty to the court can sometimes constrain advocacy — for example, by limiting the questions counsel can put to a witness in cross-examination without a good-faith basis.
What defence counsel actually do
In the course of a case, defence counsel: meet with the client to gather information; obtain and review Crown disclosure; identify legal issues, including Charter motions; conduct any necessary independent investigation; negotiate with the Crown on bail, election, resolution, and sentence; appear at every court date; conduct the trial, including cross-examination of Crown witnesses and direct examination of defence witnesses; make legal submissions; argue sentence; and advise on appeals.
Choosing defence counsel
Factors in selecting defence counsel include: experience with the specific offence type; familiarity with the local courts and Crowns; trial experience (some cases must be tried, and not all lawyers do); fee structure transparency; client communication style; and reputation. Initial consultations are often free and allow the accused to assess fit. The relationship is intimate — full disclosure to counsel is necessary for effective representation.
Related glossary terms
