The Role Of The Attorney Within The Legal Debate During A Criminal Trial

AuthorBogdan Sebastian Gavrila
LESIJ NO. XXV, VOL. 1/2018
Bogdan Sebastian GAVRIL
The attorney, during the cr iminal tria l, endeavours to help his client in any way possible, by
utilising a most complex legal arsenal so a s to win the debate between the accusation and the defence.
The cr iminal trial often involves very high stakes for the par ties involved, which may incur some
difficulties in mainta ining a normal dialogue until its completion. Thus, the lawyer must step in to
facilitate this dialogue, in helping the judge to determine the relevant issues which require a most
thorough ana lysis, so as to ensure that the client receives a fair tr ial. In fulfilling this objective, he must
concentrate his speech on only the key issues and present only relevant conclusions. Failure to do so
may result in a dismissal of a ll his ar guments, instead of merely th e non pertinent ones. The risk is
evident and proper measur es need to be taken, in order to minimise it, so that ultimately the judge may
grasp the situation a ccordingly. The aim of the a rticle is to shed some light on the issue a t hand, by
establishing some good practices which may significantly aid in expressing the viewpoint of the accused
to the court in the manner which best fits the needs of the client.
Keywords: attorney’s r ole, criminal trial, duty, power of attorney.
1. Introduction
1.1. What matter does the paper
The paper deals with the many
problems which may arise in practice due to
the fact that the legal debate during a
criminal trial presents more challenges for
all parties involved.
It shall focus on outlining several
usefuls courses of action for the attorney, in
circumventing the most common
impediments which may prevent him from
exercising his duties to the best of his
PhD Candidate, Judge at 1st District of Bucharest First Instance Court, Bucharest University of Economic
Studies, Romania (e-mail:
1.2. Why is the studied matter
The studied matter is very i mportant
given the fact that judicial err ors can
sometimes be made in the context of an
improper legal debate. It thus falls on the
attorney to utilise the best means available in
order to facilitate the exchange of opinions
between himself and the judge in order to
prevent any potential problems. The paper
shall offer an analysis of the main legal texts
applicable and try to establish some useful
guidelines to properly employ them.
1.3. How does the author intend to
answer to this matter?
Upon a thorough analysis of the legal
applicable texts and the views of well

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