Finally, defense lawyers should, always keep in mind the presumption of innocence when representing a client. For example, a lawyer should challenge the legitimacy of any domestic provision attempting to undermine this principle. Also, counsels should attempt to anticipate weaknesses in the prosecution's proof and consider researching and preparing corresponding motions for judgment of acquittal if the prosecution fails to produce evidence on any element of a crime. In deciding on a defense strategy, the lawyer, together with the accused, should consider whether the client's interests are best served by not putting on a defense case, and instead relying on the prosecution's failure to prove guilt beyond a reasonable doubt.
The lawyer should enter a plea of not guilty in all but the most extraordinary circumstances where a sound tactical reason exists for not doing so.