Right to be represented by lawyer?

Answer 1

This is in Bhutanese Context

Right to counsel or lawyer is generally regarded as a constituent of the right to fair trial, allowing for the defendant to be assisted by counsel, and if he cannot afford his own lawyer, requiring that the government should appoint one for him, or pay his legal expenses.[1] Article 7(21) requires the assistance of counsel for the accused in all criminal prosecution. This means that a defendant has a fundamental right to be represented by a counsel or lawyer during trial. It also means that if the defendant cannot afford a lawyer, in almost all instances the government will appoint one to handle the case, at no cost to the defendant. This right shall encompass right to consult or to be represented by lawyer at almost every important phase of the criminal process, typically from arrest through the trial.[2] This provision guarantees not mere right to consult and to be presented by counsel but it advocates that the suspect is entitled to consult or to be represented by the lawyer or counsel of his or her choice.

Under this provision, a person shall have the right to defend, consult and be presented by a lawyer or counsel so that the fair trial is not sacrificed at any cost. Right to legal representative is an elementary feature of the fair dispensation of justice, meaning no one should be deprived of his liberty due to his disadvantage. Moreover, this provision is not merely a guarantee of a right to counsel for disadvantaged persons, but it is also a guarantee against government actions which restricts the right of a person to consult or to be represented by the lawyer of his choice. In other words, a person arrested and put on his defense against a criminal charge which may result in penalty, is entitled to the right to defend himself with the aid or counsel and any law or government action that takes away this right offends the protection guaranteed by Article 7(21) of the Constitution.

However, the right guaranteed by Article 7(21) is an optional right. It is not necessary that person should somehow have a legal counsel or a person should consult or be represented by a legal counsel. The discretion lies in the hand of the respective person. It is individual choice whether he or she want to have a legal counsel or not. When person chooses to have a legal counsel the government cannot in any means restrict his or her right to consult or to be represented by a legal counsel.

[1] http://en.wikipedia.org/wiki/Right_to_counsel

[2]http://criminal.findlaw.com/crimes/criminal_rights/criminal_rights_courtroom/right_to_counsel.html