Why Shouldn’t I Just Use a Public Defender?
Workload Challenges
Public defenders typically have very high caseloads – sometimes juggling over 100 active cases at once! This makes it extremely difficult for them to devote as much time and attention to each client as a private attorney could. According to this analysis, public defenders in New Orleans handle over 19,000 cases per year on average. That’s more than 200 cases per attorney! While they certainly do their best, that level of workload realistically prevents the kind of thorough, customized defense you’d likely get from a private lawyer.
Limited Resources
In addition to those workload challenges, public defender offices are notoriously underfunded and understaffed. Without adequate resources, it can be difficult for these attorneys to conduct comprehensive investigations, hire expert witnesses, or fully prepare for trial. For example, a 2008 review in Minnesota found that lawyers handling misdemeanor cases had an average of 12 minutes to devote to each client. This lack of time and funding seems almost certain to impact case outcomes.
Incentive Differences
Another potential drawback of relying on a public defender involves incentives. Private attorneys only get paid if they satisfactorily resolve your case. This motivates them to devote all necessary time and effort to building the strongest defense on your behalf. Public defenders, on the other hand, receive the same salary no matter the outcome. While most work hard out of dedication to the role, the incentive structure doesn’t encourage going above-and-beyond in the same way.
Limited Focus
Given their workloads and resources, public defenders also tend to handle many case types – from minor misdemeanors to violent felonies. A private attorney, however, can focus exclusively on cases like yours. This allows them to continually expand their skills, knowledge base, and professional network specifically within your area of need. Over time, this focused experience can really pay off in court.
No Existing Relationship
In many places, public defenders are randomly appointed to cases with no consideration given to compatibility or life experiences. This differs greatly from choosing your own lawyer – someone you connect with and who understands your perspective. An existing relationship, built on trust and understanding, can go a long way during such a stressful situation.
Still, a public defender may be your only viable option if you truly cannot afford otherwise. And plenty of people in this situation receive perfectly adequate, even exceptional, representation. But if at all possible, the potential advantages of private counsel often make it worth exploring alternatives – whether that’s working out payment plans, borrowing money, or seeking assistance from friends and family. Just make sure to weigh all these considerations carefully as you move forward.
I know this decision is difficult and the uncertainty surrounding the court process doesn’t help. But stay positive – there are always options, no matter how limited things may seem now. Feel free to reach out if you have any other questions!