Recent Governmental Attacks on the Private Lawyer as an Infringement of the Constitutional Right to the Assistance of Counsel

In several cases, the government has sought to place upon the attorney a responsibility to investigate his clients' activities in search of possible violations of the law. This is tantamount to creating an obligation to some person or group other than the client, ignoring the lawyer's traditional function in our society. The Constitution is based upon the premise that liberty is advanced when a person attacked by the government has the right to the assistance of counsel, not upon the objective of helping prosecuting officials enforce the law. Plainly, the assistance of counsel is necessary and is provided for by the Constitution against all government processes of major impact. The government appears to be redefining that right in terms of benefit to itself. The American Bar Association's proposed draft of Model Rules shows a substantial attempt to accommodate the government's attack on attorneys. It is suggested that any proposed change be carefully considered in light of the attorney's traditional role as defender of the accused.