A defense attorney is someone who can represent their client (also known as defendant) in a court of law. Defense attorneys are sometimes also known as defense lawyers and the terms might be used interchangeably.
However, a “defense attorney” is a more appropriate and correct term, especially when the matter is up for trial or is presented before a court.
While popular culture often colors defense attorneys as representing their client/defendant in criminal matters, this is not always true. Defense attorneys can represent their clients in court for a variety of matters, including civil lawsuits.
To clarify, a defense attorney representing their client or defendant in a criminal case is usually known as a criminal defense attorney.
The job of a defense attorney, whether in criminal or civil matters, is to guide their client throughout the legal process, including representing them in court or for trial.
Guiding the client on legal matters, investigating things (or hiring someone to investigate), presenting a defense, and appealing a court decision when necessary are responsibilities and decisions to be made by a defense attorney.
In most cases, it is up to the defendant to find, select, and hire a defense attorney. However, in criminal defense cases, the court may choose to appoint an attorney for the defendant, especially so if the defendant cannot afford to hire an attorney by themselves.
In this case, the court often gives the responsibility of mounting a legal defense to an attorney known as a public defender.
In some instances, an attorney who is not a public defender may choose to represent the defendant without requiring any fee. This is usually known as representing the defendant pro bono.
A defendant may also choose to represent themselves in court, and this is known as pro se. This is usually discouraged and isn’t seen as the best option for the defendant. Nevertheless, it is usually a judge that determines if it is possible or appropriate for a defendant to represent themselves.
The role of the defense attorney is an important one. The attorney often serves as the guide, protector, and confidant of the defendant.