Public defenders are not inferior to private attorneys

Are public defenders good lawyers?

Yes, there is a public misconception that public defenders are less than stellar attorneys or inferior to private attorneys. For most public defenders this is an inaccurate or false characterization. The difference is that sometimes wealthy defendants have greater financial resources to challenge the government and hire more expert witnesses and, perhaps, have a better chance sometimes at an acquittal.

Can a judge appoint attorneys to represent someone?

Yes, sometimes a public defender's office may have a conflict and cannot represent a particular individual. For example, if three defendants are charged with a crime, the public defender may be representing one of those three defendants and cannot represent the other two, because all three individuals may testify against each other and try to obtain the best deals possible.

Other times the public defender's office may have an overwhelming caseload. In this situation, a judge may appoint a lawyer in private practice to represent a defendant.

Are all lawyers litigators?

No, most lawyers are not purely litigators. Litigators refer to those attorneys who regularly appear in court and try (or litigate) cases. Sometimes these attorneys are called trial attorneys, because they have jury trials. Many attorneys work in areas of practice where litigation does not occur that frequently.

These attorneys negotiate deals, file motions and do other work that does not require frequent courtroom appearances. Other attorneys focus on settling cases rather than taking them to trial. These attorneys may be well versed in an area of law, but simply prefer to settle cases rather than try cases before a jury.

Still other attorneys may be appellate attorneys, which mean that they do not practice in trial courts. These attorneys specialize in appearing before appellate courts, reviewing lower court decisions and trying to identify errors of law committed. Some attorneys, in fact, specialize almost entirely in U.S. Supreme Court litigation.

What can people do when they feel their lawyers have been unethical or unprofessional?

The person can file a complaint with the department or agency established by a state high court to monitor and regulate the legal professional. In Tennessee, complaints can be filed with the so-called Board of Professional Responsibility. In Illinois, complaints can be filed with the Attorney Registration and Disciplinary Commission.

New Mexico has a body called the Commission on Client Protection. These groups or commissions have websites and usually have online forms in which to file a complaint or at least explain how a complaint can be filed. Some states require complaints to be mailed.

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