The Role Of The Lawyer In The Criminal 
The Role of the Lawyer in the Criminal Justice System
Criminal Law & Procedure Practice Group Newsletter - Volume 2, Issue 3, Winter 1998
December 1, 1998
Samuel A. Alito
The remarks below are extended excerpts from a presentation made by Judge Alito at the 1997 National Lawyers Convention, entitled "The Crisis in the Legal Profession."
This conference examines the impact of lawyers and the legal system "on government, freedom, responsibility and virtue." The conference brochure presents as a benchmark the lawyer/statesman who played such a prominent role in our country’s early years. I want to return to that ideal in addressing the particular topic that is before us in this segment of the conference — the role of the lawyer in the criminal justice system. At the risk of comparing two things that are really not comparable, I would like to compare that ideal with our current understanding of the role of the lawyer in the criminal justice system.
The lawyer/statesman ideal has been aptly described by Dean Anthony Kronman in his book The Lost Lawyer. Dean Kronman, in his presentation this morning, explained this ideal much better than I can. To capsulize his remarks, Dean Kronman believes that the lawyer/statesman, the outstanding lawyer under that ideal, is a devoted citizen who cares about the public good and is prepared to sacrifice his own well-being for it.
The help that the lawyer/statesman provides to clients, Dean Kronman argues, is not merely "instrumental." He is not simply a servant of his client in that sense. One of his most important responsibilities "is to offer advice about ends." Although Dean Kronman does not suggest that it is possible to restore fully the ideal of the lawyer/statesman, he does ask whether some of the central values of that ideal can be recaptured.
How does this ideal compare with our current understanding of the role of the lawyer in the criminal justice system? To examine that, we must look at our current understanding of the
Criminal Law & Procedure Practice Group Newsletter - Volume 2, Issue 3, Winter 1998
December 1, 1998
Samuel A. Alito
The remarks below are extended excerpts from a presentation made by Judge Alito at the 1997 National Lawyers Convention, entitled "The Crisis in the Legal Profession."
This conference examines the impact of lawyers and the legal system "on government, freedom, responsibility and virtue." The conference brochure presents as a benchmark the lawyer/statesman who played such a prominent role in our country’s early years. I want to return to that ideal in addressing the particular topic that is before us in this segment of the conference — the role of the lawyer in the criminal justice system. At the risk of comparing two things that are really not comparable, I would like to compare that ideal with our current understanding of the role of the lawyer in the criminal justice system.
The lawyer/statesman ideal has been aptly described by Dean Anthony Kronman in his book The Lost Lawyer. Dean Kronman, in his presentation this morning, explained this ideal much better than I can. To capsulize his remarks, Dean Kronman believes that the lawyer/statesman, the outstanding lawyer under that ideal, is a devoted citizen who cares about the public good and is prepared to sacrifice his own well-being for it.
The help that the lawyer/statesman provides to clients, Dean Kronman argues, is not merely "instrumental." He is not simply a servant of his client in that sense. One of his most important responsibilities "is to offer advice about ends." Although Dean Kronman does not suggest that it is possible to restore fully the ideal of the lawyer/statesman, he does ask whether some of the central values of that ideal can be recaptured.
How does this ideal compare with our current understanding of the role of the lawyer in the criminal justice system? To examine that, we must look at our current understanding of the