Why barristers must defend the guilty without making personal value judgements about their clients

Ethics In and Out of the Court Room - Jo Delahunty · 56:12 · Video: Gresham College · Watch at the source

In short: Professor Jo Delahunty KC explores the complex ethical framework governing the legal profession. This lecture examines why barristers must resist the urge to judge their clients' culpability and how they maintain professional integrity while navigating the challenging demands of the courtroom.

Barristers operate under a formal Code of Ethics that dictates their interactions with clients, colleagues, and the court. Despite these guidelines, real-world practice presents dilemmas that are seldom simple. A central question facing the profession is how to reconcile the duty to provide a vigorous defense with the personal moral questions surrounding a client's guilt.

Professor Delahunty, who served as a Gresham College Professor of Law from 2016 to 2020, argues that a barrister’s commitment to a case must remain independent of their own moral assessments. Her lecture, recorded on October 4, 2018, emphasizes that the answer to whether a lawyer should allow a client's perceived culpability to weaken their defense must be an emphatic 'no'.

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