The Nuremberg defense team was picked by the defendants themselves. However, the defendants had to pick from Allied-approved attorneys. The defendants were also told that if they did not want any of the approved attorneys, and the attorneys did not want to represent them, then they could select any German attorney, but only a German attorney. This happened in the case of Goring, for example, and required additional approval.

Goring ended up selecting an attorney who was a former Nazi party member, in fact, but this was not necessarily unique by any means. While most German defense attorneys at Nuremberg were former members of the Nazi bar, only those who attempted to conceal or lie about being formerly involved with the Nazis were typically rejected by the Allies. Indeed, the Taylor Report on the Nuremberg Trial, by the Chief of Counsel for War Crimes, noted that 136 of 206 principal or assistant defense counsel had been members of the Nazi party or one of its branches, but most were still approved because very few of the selected counsel were ever dishonest about prior involvement. 10 defense counsel were even members of the SS. The Allies provided assistance to defendants when they sought counsel and provided the counsel with assistance and materials as well.