Abstract

Independence as a professional virtue is included amongst the core ethical principles governing lawyers yet its precise meaning remains elusive. This article aims to examine the meaning of lawyer independence in criminal proceedings by taking as its focus the situation of criminal defence lawyers in China. The problem of lack of independence from the state is analysed against the backdrop of historical examples of extreme denial of independence such as Germany under National Socialism, South Africa under apartheid and the Soviet Union. The associated issue of independence from the client is then addressed with a view to assessing where the balance of relative independence should lie. It is suggested that excessive dependence on the state, as it is experienced in China, may have the effect either of driving criminal defence lawyers towards exactly the type of human rights advocacy that the state has taken action to suppress, or of chasing them away from a career in criminal law at a time when change is underway and experienced criminal defence lawyers are most needed. The balance is therefore upset on many levels and restoring independence so as to allow lawyers the professional freedom to fulfil their role may ultimately be in the interests both of the state and lawyers working in the area of criminal justice