Good Lawyers, Good Clients
There was one murder per week in this community, so you'd think that, under the law of averages, the law-enforcement authorities, led by District Attorney Hamilton Burger, would at least occasionally arrest a guilty person. But they never
did. They always
arrested an innocent person, and that person always
hired Perry Mason, who always
won the case...
If the viewpoint of the show is that of a defense attorney, his clients will be innocent so often that the defendant being guilty is a subversion.
If the prosecutor is the protagonist, however, then usually the defendant is
guilty — see Law & Order
. When we know
the guys doing the accusing, the defendant is seldom wrongfully accused, but if the guilt of someone arrested by another cop comes into question, you can bet your ass he's innocent, or at least mostly innocent.
Of course, in Real Life
, both defense and prosecution exist for good reasons, because the matter of a defendant's guilt is uncertain. It's a bit odd that either side in a trial would be seen as a "good guy" or "bad guy" when they are, realistically, just people doing their jobs. Even if we know (somehow) that the defendant is guilty, the role of the defense attorney is still valuable, to ensure that the prosecution has actually proven its case. In some jurisdictions with a "school" of defence lawyers (such as the English bar and the Scottish Faculty of Advocates), lawyers have no choice who they represent: In Britain, although there's no legal obligation to defend every client, "cherry-picking" is frowned upon heavily, and therefore not a wise move.
See also Amoral Attorney
for the Evil side.
Anime and Manga
- Played with in Monster, where Vardermann will only take on clients he determines to be innocent.
- In the Ace Attorney manga, Phoenix gets a call from Robin Wolfe, whose employee Eddie Johnson committed suicide on the way home from a meeting with him, leading Robin to be suspected for his murder, but there are several obvious lies in Robin's account. Phoenix and Maya, after talking to the rest of the people at Wolfe Manor, including Eddie's brother Brock, realize that Robin essentially drove Eddie to suicide by torturing him with spiders even if he didn't kill him himself, and decide to refuse to take his case. They go to look for him, but he's missing, and soon afterward, ends up murdered, and Phoenix ends up defending Robin's innocent brother Bobby.
- Clumsily averted in a Captain America story where Cap's girlfriend is a lawyer defending the head of A.I.M. Not because she believes everyone is entitled to representation, but because she's got the Idiot Ball this month, and is the only person in the story who sincerely believes he isn't the head of A.I.M.
- Sometimes averted with Matt Murdock and Foggy Nelson's law practice in Daredevil. Most of the people they defend are indeed innocent (since Matt can hear the heartbeats to know when he's being lied to), but they believe enough in the letter of the law to have defended some real scumbags.
- One time in particular, Matt takes the case of a client who he believes to be innocent because of his heartbeat. It's only after he's gotten the client declared innocent of the charges that he realizes he was guilty, but had a pacemaker.
- Perry Mason may be slightly Hand Waved because he doesn't like defending the guilty (c.f. "The Case of the Substitute Face").
- Which would mean he knows if the guy is guilty before the trial...
- Most lawyers will know exactly what their client thinks happened long before the trial starts, because a lawyer cannot prepare a good case unless you tell him everything. That's why we have attorney-client confidentiality. Keeping your own lawyer in the dark is like sending your champion out to fight for you blindfolded. That doesn't mean stupid people don't do it, of course ...
- Subverted at least once. And so he puts someone the client cares for on the stand, and all but accuses them of the murder, to make the client break down and confess.
- A big point of The Practice was that the clients were often guilty. The whole premise was intended to be a subversion. On several occasions, they actually defended someone apparently innocent, then later realized their guilt midway through the trial.
- One episode featured Bobby Donnell being forced to provide a pro bono defense for an accused qualified rapist. He made it quite clear to the jury (despite the rule prohibiting lawyers from presenting their opinions) that he's sure of his client's guilt and that he doesn't care about what happens to the client but said that the jury must acquit because of the precedent a conviction based on the word of a kid who tells lies to get people's attention would create. The jury found the defendant not guilty.
- Law & Order: Trial by Jury intended to show the defense attorneys as well as the prosecutors, but they were depicted as mustache-twirlingly evil.
- On Shark, whenever James Woods finds out that he's prosecuting an innocent person, he stops until the police can find a more likely candidate.
- Very much averted on This Is Wonderland. Since the show is mostly about plea court, bail court, and mental health court, the question of whether the client did it is usually a non-issue, and the court will be about deciding what to do with them. A fair few clients plainly deserve to have the book thrown at them (and usually do), while others are more sympathetic, and occasionally get let off altogether.
- Subverted on Rumpole of the Bailey. While it is true that almost all of Rumpole's clients that we see are in fact innocent of the crime they're on trial for, they are very frequently guilty of some other crime. This is particularly true of the Timsons, a clan of South London "minor villains" who make their living off of petty larceny and fencing, and whose fees seem to pay a fair chunk of Rumpole's own bills.
- We also don't see most of Rumpole's cases (the series being very irregular), of which he presumably loses a fair number. He also loses a few other cases that we do see.
- And finally, the one time Rumpole's client admits to him that she was guilty, he immediately says that he can't help her defense any longer and advises that she change her plea to guilty.
- This is usually played straight in The Rockford Files, but one episode subverts it. Throughout the entire episode, Beth Davenport is trying to clear her client on a murder charge while scared half to death by a stalker. It is theorized that the stalker is someone who is convinced of the guilt of her client, and wants her to be too distracted to possibly clear him. She clears him, but Jim discovers that not only was the client guilty, but he was also the stalker, because he wanted to be able to request a mistrial if he was found guilty because his attorney was clearly distracted.
- Silk follows an entire chambers, so they can show trials from either side (and sometimes from both sides). Even so, it's fairly realistic about defending the probably-guilty and prosecuting the probably-innocent, and the ethical and moral dilemmas involved in both.
- Played with a few different ways in Boston Legal. Somewhat justified with Denny, who is often stated to have never lost a case. He, like others on the list, doesn't want to take the case of a guilty person (he wants to protect his perfect record, of course) and when a judge assigns him to defend a child rapist/murderer, Denny goes so far as to shoot his client in the leg to keep from taking the case.
- For Alan Shore, besides the fact that he does lose very occasionally, it seems as though more often than not, his clients are guilty, he's just so damn good at jury nullification that they get off anyway.
- And of course played super-straight with a lot of other characters. Even when taking totally ridiculous cases with no real basis in law, the lawyers of Crane, Pool and Schmidt tend to score at least moral victories (for instance, a judge might give them the win on ethical grounds, knowing full-well that the case will be dismissed at the next appeal).
- Averted in realistic fashion in Raising the Bar. The public defenders often have to defend obviously guilty and morally reprehensible people to best of their ability. Similarly, sometimes the prosecutors have to try to build obviously weak or shoddy cases.
- This is generally the case on JAG.
- This is played with on Suits. Most of the time the trope is averted because the firm specializes in corporate cases where it simply helps negotiate corporate mergers, clients and business disputes that do not have an obvious "guilty" party. Other times an employee of the corporation is guilty but the CEO is unaware of what was done in the company's name and the lawyers quickly point out that the corporation is their actual client and not the guilty employee. This becomes subverted in the case of a Corrupt Corporate Executive who freely admits to her lawyers that she is guilty of the bribery charges and also a few other crimes that the prosecution does not know about. Harvey tries to defend her but in the end convinces her to take a plea bargain instead. The case then is double subverted when she is also charged with ordering six murders. Harvey builds his defense on the assumption that she is guilty but then discovers that she is innocent and has to change his whole strategy.
- Averted in Equal Justice. No one doubts Peter Bauer is a good guy, but he has to defend some very nasty people, including a completely unrepentant murderer and rapist whom he knows is guilty. Justified as he's a public defender-they have no choice in their clients.
- Subverted in Bloom County: Steve Dallas's clients are generally homicidal maniacs on trial for murder. Steve usually ends up getting them let off, with disastrous results. In a memorable instance, a little old lady on trial for killing her husband is put under house arrest—in Steve's house. He tries to sell the film rights to Disney.
- And then aliens reversed Steve's morality, and he acted as the prosecutor against his latest murderer client. "He murdered the entire Moose Lodge ... stabbed them. Brutally. With their own antlers."
- Every Ace Attorney game. The actual subversion does come up too, being able to bypass Wright's Lie Detector.
- Also, there's one case in which in the process of getting his client acquitted of a crime he didn't commit, Phoenix actually, unknowingly, gets him acquitted of several (non-violent) crimes that he did commit. And because of double jeopardy, he can't be tried again.
- Some clients are guilty of crimes other than murder, and they often get prosecuted for them afterward. Examples include Lana Skye in the first game (fabricating evidence with Gant, admittedly while being blackmailed) and Machi Tobaye and Vera Misham in Apollo Justice: Ace Attorney (the former for cocoon smuggling and the latter for forging the diary page that got Phoenix disbarred).
- This is mostly justified for the series, for multiple reasons. Phoenix, Mia, Apollo and Athena all hate taking guilty clients, and three of them have different ways to tell if someone's hiding something from them. Combined this with the fact that the games are based on the Japanese Bench system, where 99% of all defendants were found guilty, and you have a pretty justified reason for the player to naturally trust that the client is wrongly accused.
- This was even one of major reasons why we see the real killer in the opening to the first case in the series. They did this so that players would automatically be on their client's side, knowing for sure they're wrongly accused. In fact, the only times in the series where the real killer isn't shown in the first case of the games, is in the third and fourth games, both of which have Phoenix Wright himself as the defendant. People would obviously assume that the titular character of the series is innocent. In all the other games, the true culprit is shown to make sure players don't suspect that their client might actually have done it, for any players who are starting the series with that game.
- Subverted in Knights of the Old Republic with the Sunry murder trial. Sunry insists he's innocent, one of the key bits of evidence was planted at the scene, and the Sith advocate is a complete jerk... but if you hack into the Republic's computer records, you can find a video showing that Sunry did kill the victim. Confronted about this, he confesses but refuses to plead guilty, leaving you to decide whether to continue to defend him or hand the damning evidence over to the court.
- Exit Fate has Beau, the defense attourney hired to defend the protagonist when he stands trial for treason. Although the trial is, predictably, a farce, with trumped-up accusations, fake evidence and false testimonies, Beau does a very good job of defending Daniel with simple truth, without resorting to dirty tactics. Later he proves his dedication by joining the Elysium Army as a playable character - he'll wear his lawyer's robes in the field, and his weapon of choice is a book of law.
- Subverted in the Grandma Got Run Over by a Reindeer Christmas special—the district attorney admits he doesn't want Santa Claus to go to jail, but still has plenty of evidence that points to why he should. When Cousin Mel confesses, however, he's the first one to yell for her to be arrested.