Contents
There are many myths around advocacy. It may seem that the only goal of such a specialist is to free the criminal from responsibility, to save him from just punishment. Only an unscrupulous person can do this, you might think. But the reality is quite different…
Features of legal psychology
Many people think that human perception works like a camera, accurately capturing everything that happens, but this is a misconception. In fact, the ability to perceive is very limited, and we miss a lot of important details.
The interpretation of information is influenced by our stereotypes, preferences and much more. Therefore, in legal practice, any testimony can be true and unreliable at the same time.
For example, it is not uncommon for witnesses who claim not to have seen something that seems obvious may actually be telling the truth, or at least believing it to be true. It’s completely natural. Witnesses can be wrong, unconsciously give the facts a lot of new details that have nothing to do with reality.
We are all suggestible, our memories can be colored by our experience, mood and desire to present ourselves in a favorable light.
What psychological skills does a lawyer have
A lawyer, if he wants to be successful, one way or another has to master psychological knowledge. After all, it is necessary to be able to correctly convey your point of view when working with principals, witnesses, jurors and procedural opponents, and also to be prepared to develop strategies to protect your principals.
Knowledge of psychology helps lawyers to be good listeners, effectively connect with interlocutors, cope with communication difficulties, more successfully seek disclosure of information from clients and witnesses, give specific examples to increase the persuasiveness of arguments.
The most psychologically difficult type of advocacy is criminal defense.
From a legal point of view, civil cases can even be much more difficult, but they do not contain such a variety of interpersonal relationships and psychological factors.
Psychological difficulties in the work of a lawyer
Already at the stage of concluding an agreement with the principal, the lawyer has to solve the psychologically delicate task of determining the amount of remuneration under the agreement. The procedure for establishing the fee that existed in the Soviet years has long lost its force, now its size is established exclusively by an agreement between a lawyer and a principal who has applied for help.
The complexity of the position of a lawyer also lies in the one-sidedness of the function of a defense counsel. A lawyer, unlike an investigator, interrogator and prosecutor, finds out not only the reliability of the circumstances of the charge, but also those circumstances in the case that justify or mitigate the guilt of the defendant.
The lawyer is obliged not to harm the interests of his client, while not allowing self-incrimination
This is one of the most characteristic specific moral requirements for a lawyer. At the same time, a lawyer can know exactly about the guilt of his client and at the same time not experience psychological discomfort, since the lawyer’s task is not to justify the crime, but to realize his right to defense.
There are, of course, cases in which lawyers avoid taking clients under their protection in every possible way — these are, as a rule, cases involving children. But if the client, for example, tells the lawyer how he dismembered the corpse and threw it into the river, then this is just work, and often the defender does not experience any specific emotions.
«The defender is forced to give up inner convictions»
The activity of a defense attorney gives rise to conflict situations that are unusual for the professions of an investigator, prosecutor or judge. Any of these participants in the criminal process is always entitled to determine their position in the case according to their inner conviction, while the defender in some cases is forced to give up his values: he cannot refuse to defend himself, no matter how contradictory the actions, personality and position of his client may be.
Many mistakenly believe that the main goal of a lawyer is to achieve at any cost the release of his principal from criminal liability, but this is not so.
The most important task of a lawyer is to ensure that the punishment imposed is commensurate with the deed.
Often there is a stereotype that the task of a lawyer is to justify a crime. But a lawyer defends not a crime, but a person. Understanding this axiom will help to avoid bias in determining the role and place of a modern lawyer in the criminal process.
«A lawyer is an enemy of the investigation, the prosecutor’s office and the court»
Unfortunately, many agree with this opinion. In fact, this is another misconception. In fact, the main thing that a lawyer does is to build a dialogue between all participants in the process.
The investigation of a criminal case is a comprehensive study of the events of the crime, as well as what preceded them and came after them. It is the lawyer who is the person thanks to whom the investigator and the court can receive detailed truthful testimony, and the principal — an acquittal in case of his innocence or a punishment commensurate with the deed.
In order for the court to form an adequate image of the client and a picture of what happened, there is a procedure when, during the judicial investigation, lawyers ask questions to the victims, witnesses and defendants.
Experienced lawyers carefully prepare for such interrogations.
Think and write each question in advance, trying to avoid vague, unexpected, and unwanted answers. A competent lawyer with his questions knows how to drive into a psychological dead end and identify a perjurer, demonstrate to the court the falsehood of the accusation, the inconsistency of evidence or the juggling of facts.
A lawyer is not always a defender
At the same time, one should not forget that a lawyer is not always a defender, sometimes he acts as a representative of the injured party. Often, persons recognized as victims in criminal cases need the assistance of lawyers no less than the suspects and defendants themselves.
A lawyer, as a representative of the injured party, must correctly describe the whole situation and provide the best evidence in order to obtain maximum compensation for property and moral damage, otherwise compensation may not be paid at all.