Can Criminal Defense Attorneys Be Victim-Centered?

Authors

Natalie Nanasi, Southern Methodist University, Dedman School of LawFollow
Demetrice Lopez-Loftis, Southern Methodist University, Dedman School of LawFollow

ORCID (Links to author’s additional scholarship at ORCID.org)

Natalie Nanasi:

https://orcid.org/0000-0002-5524-4921

Abstract

Attorneys defending those accused of intimate partner violence, like all lawyers, owe duties of zealous advocacy and confidentiality to their clients. But is there a place within these ethical obligations for them to also consider the safety of the victim? Defense counsel are often uniquely situated—by virtue of their relationships with their clients and victims—to help mitigate potentially serious harm. This article explores the spaces where defending an accused perpetrator of domestic violence and taking actions to limit further harm to a survivor are compatible. It also identifies areas where defense attorneys can obtain additional resources and data to inform their decision-making when considering lawful exceptions to the ethical requirements of zealous advocacy and confidentiality. Lastly, it considers policy proposals, such as providing attorneys for survivors in the criminal process and revisions to the ethics rules, to address potential areas of conflict.

Recommended Citation

Natalie Nanasi & Demetrice Lopez-Loftis, Can Criminal Defense Attorneys Be Victim-Centered?, 77 SMU L. Rev. 585 (2024)