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

• Author: Bogdan Sebastian Gavrila
• Pages: 144-151

LESIJ NO. XXV, VOL. 1/2018

THE ROLE OF THE ATTORNEY WITHIN THE LEGAL DEBATE

DURING A CRIMINAL TRIAL

Bogdan Sebastian GAVRIL

Abstract

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

cover?

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

abilities.

 PhD Candidate, Judge at 1st District of Bucharest First Instance Court, Bucharest University of Economic

Studies, Romania (e-mail: gavrila.bogdan.sebastian@gmail.com).

1.2. Why is the studied matter

important?

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