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The truth is, public defenders get a bad reputation mostly because they're so overloaded with work. Because everyone has the right to an attorney, public defenders can't choose which cases they take the way private attorneys can.The difference is, public defenders are also bound by their clients' wishes.
1. Yes, public defenders have an ethical duty to be on your side (though no attorney should be forced to agree with you).
Public defenders do the same type of work as private defense attorneys. The difference is, public defenders represent people who cannot afford an attorney.Most public defenders fight hard for their clients in court, and believe strongly in every American's Constitutional right to a defense.
In my experience, public defenders fight very hard and win a lot of cases. It is not true at all that they only do the bare minimum to get by. The charge that they do not return phone calls has, unfortunately, somewhat more truth to it.
A big difference between a public defender vs private attorney is the fact that if a lawyer does a poor job their business will suffer. A public defender gets more cases than they can handle no matter the outcomes.Another benefit of a private lawyer is access to more defense possibilities.
They're well educated, well trained, and fully licensed, just like private attorneys are. There are public defenders across the country handling every type of case, from misdemeanors to major felonies. Public defenders spend a lot of time in court, so most are very experienced trial lawyers.
A big difference between a public defender vs private attorney is the fact that if a lawyer does a poor job their business will suffer. A public defender gets more cases than they can handle no matter the outcomes.Another benefit of a private lawyer is access to more defense possibilities.
If they can't afford a lawyer, the big question on most criminal defendants' minds will be whether they can trust their public defender. Fortunately, for the most part, the answer to that question is yes.