Försvararens roll. Ideologier och gällande rätt

Detta är en avhandling från Norstedts juridik

Sammanfattning: Defence lawyers, in their practise, from time to time have to resolve various difficult dilemmas in connection with the client relationship, such as accepting repugnant cases or acting on questionable instructions from the client: dilemmas, which involve “hard questions” of guilt and innocence, truth and perjury. Many of these ethi-cal problems have never been subjected to interpretation in Swedish law and legal literature. Somehow, the law-yer will have to find a solution to her problem, without the aid of rules. The debate, as well as case law studies, indicate that one practitioner’s solution to a certain dilemma will be completely different from another’s. Which basic ideas concerning the role of the defence lawyer lie beneath the fact that two different lawyers, act-ing within the same legal system, can justify two conflicting ways of resolving an identical dilemma? The thesis studies this problem through an analysis of the arguments pro et contra the particular solution to the dilemma. Which solutions to the dilemma are clearly acceptable within the boundaries of the law, or could at least be in-terpreted as being in accordance with the law? This question is answered by an extensive analysis of the princi-ples of Swedish case law, statutes, professional standards and doctrine. The purpose of this thesis is to bring some order to the debate concerning lawyers’ ideals in Sweden and to try and understand the role of the lawyer by choosing typical practical problems and examining these problems from a normative point of view. The thesis argues that the explanation to the conflicting ways of resolving practical dilemmas lies in the con-flicting ideals, which guide practitioners. My study indicates that there are several such ideals in existence. In order to argue efficiently and clarify the dichotomy, I have used two main ideals, which are the opposite ex-tremes of the lawyers’ ideals; one client-dominant and one lawyer-dominant. It would seem that these different ideal types can co-exist in most typical Western legal systems without detriment to the clients or the State.

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