Similarly, prisoners have a limited right to legal assistance for the purpose of filing writs of habeas corpus. 
In Bounds v. Smith, 430 U.S. 817 (1977), the Court held that “the fundamental constitutional right of access 
to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal 
papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in 
the law”. Prisons can meet this obligation by training prisoners to be paralegal assistants to work under 
a lawyer’s supervision or by using law students, paralegals, and volunteer lawyers. Again, it may seem 
inconsistent that the court requires more for habeas corpus relief than it does for discretionary review on 
appeals. The difference lies in the nature of habeas corpus as a collateral attack, or side attack, where the 
claim is often being advanced for the first time and therefore the need for legal assistance may be greater. 
Functions of Defense Attorneys 
Defense lawyers investigate the circumstances of the case, keep clients informed of any developments in 
the case, and take action to preserve the legal rights of the accused. Some decisions, such as which witnesses 
to call, when to object to evidence, and what questions to ask on cross-examination, are considered to be 
strategic ones and may be decided by the attorney. Other decisions must be made by the defendant, most 
notably, after getting advice from the attorney about the options and their likely consequences. Defendants’ 
decisions include whether to plead guilty and forego a trial, whether to waive a jury trial, and whether to 
testify in their own behalf. 
The ABA Standards relating to the Defense Function established basic guidelines for defense counsel in 
fulfilling obligations to the client. The primary duty is to zealously represent the defendant within the 
bounds of the law. Defense counsel is to avoid unnecessary delay, to refrain from misrepresentations of law 
and fact, and to avoid personal publicity connected with the case. Fees are set on the basis of the time and 
effort required by counsel, the responsibility assumed, the novelty and difficulty of the question involved, the 
gravity of the charge, and the experience, reputation, and ability of the lawyer. 
ABA Standard 4- 1.2, The Function of Defense Counsel, states: 
(a) Counsel for the accused is an essential component of the administration of criminal justice. A court 
properly constituted to hear a criminal case must be viewed as a tripartite entity consisting of the judge 
(and jury, where appropriate), counsel for the prosecution, and counsel for the accused. 
(b) The basic duty defense counsel owes to the administration of justice and as an officer of the court is 
to serve as the accused’s counselor and advocate with courage and devotion and to render effective, quality 
representation. 
(c) Since the death penalty differs from other criminal penalties in its finality, defense counsel in a capital 
case should respond to this difference by making extraordinary efforts on behalf of the accused. Defense 
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ
304