Exploring 'Practical' Conceptions of the Role of the Criminal Defence Lawyer: A Methodological Overview

Authors

Tom Smith

Document Type

Article

Abstract

This article examines the methodology behind an empirical study investigating the 'real life' role of criminal defence lawyers and their approach to ethical conflict resolution. Using a normative conceptual framework entitled the 'zealous advocate' model, the study involved interviews with defence practitioners. A central feature of the interviews was a method known as the 'vignette technique', which used hypothetical scenarios to simulate realistic 'conflict' situations for respondents to consider. This article summarises the theory behind the study, examines the methodological issues of empirical research with lawyers, examines the benefits and limitations of the 'vignette technique', and details the construction of the 'Professional Conduct Scenarios' which were used in the study.

Publication Date

2013-01-01

Publication Title

The Plymouth Law & Criminal Justice Review

Volume

5

Issue

1

First Page

50

Last Page

71

ISSN

2054-149X

Deposit Date

March 2017

Embargo Period

2024-11-01

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Recommended Citation

Smith, Tom (2013) "Exploring 'Practical' Conceptions of the Role of the Criminal Defence Lawyer: A Methodological Overview," The Plymouth Law and Criminal Justice Review: Vol. 5, Article 12.
Available at: https://pearl.plymouth.ac.uk/plcjr/vol5/iss1/12