Monday, March 25, 2013

Private Defense Lawyers for the Poor Deserve Recognition

by: Lawrence S. Goldman

Last week, in celebration of the 50th anniversary of the Gideon decision, some of the nation's leading legal figures lauded the outstanding contributions made by the public defense bar.  Public defenders indeed do deserve plaudits for their dedication and hard work in representing the poor and often despised.  Most public defenders are devoted, diligent, relatively poorly paid, and work in difficult situation and under difficult conditions.

To me, however, the unsung heroes of the defense bar are those private lawyers who ably and diligently represent persons of modest income who are not poor enough to be provided free counsel by the state, but poor enough not to be able to pay substantial legal fees.  Those lawyers, like public defenders, work in difficult situations and under difficult conditions.  They often have no steady income, no employer-provided retirement or health benefits and sometimes no office.  They do not have readily available ancillary services, such as advisory counsel, investigators, social workers and mitigation specialists.  Often, they have to perform those functions themselves.

As insubstantial as the resources for public defense are, the resources available to many private lawyers -- whatever meager savings the client is willing to part with, whatever portion of the client's paycheck he has left over after paying for shelter and food and other expenses -- are often less. 

This bar, to be sure, is an uneven one.  Unlike public defenders, almost all of whom have at least a modicum of competence and expertise and devotion, some in the private bar are part-time or occasional criminal defense lawyers with little criminal experience and little dedication to the representation of their clients.  Many, however, are able, experienced, energetic and devoted, despite being paid a fraction of what they deserve.  Those unsung lawyers deserve credit and recognition. 

(goldman)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2013/03/private-defense-lawyers-for-the-poor-deserve-recognition-1.html

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Comments

This is so true. MANY lawyers provide pro bono legal services daily. We owe them all our gratitude. They are the unsung heroes of the system.

Posted by: Sidney Powell | Mar 28, 2013 9:33:06 PM

Yes agree with you that they are the unsung heroes of the system and we owe them all our gratitude. Such an inspirational Example. Thanks.

Posted by: Criminal Lawyer Las Vegas | May 16, 2013 5:33:16 AM

Very true. When practiced well, law can be among the most noble of professions. It takes a great soul to defend those that otherwise would not have a voice. Thank you!

Posted by: Charlie Naegle | Jun 18, 2013 3:54:49 PM

As one of these small time criminal defense lawyers. I can relate closely to your comments. Many people think 'lawyer' and instantly think 'rich' or 'wealthy' in my area of practice it is no different than most professions.

Posted by: Naegle Law Firm | Aug 2, 2013 10:54:55 AM

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