Tuesday, March 18, 2008
45 years ago, Justice Black issued the famed decision in Gideon v. Wainwright. One would have never suspected then that the right to counsel would be an issue in white collar cases. One has to wonder whether the high cost of legal fees makes it difficult for many facing these complex cases to receive the representation that they deserve. An accused may be too wealthy to secure a public defender, but too poor to secure counsel that can spend the time examining the many documents that may be found in something like a fraud case. In no way diminishing the need for proper indigent defense, something needed in so many parts of our country, it is also important to note that white collar cases raise new issues with regard to securing proper representation for the accused individual. [See, e.g. Stein (KPMG) case]
(esp) (w/ a thank you to IntLawGrrls Blog for reminding me of this historic day).