Public defenders are employed by the government to ensure that everyone's Sixth Amendment right to counsel is met, particularly those who cannot afford their own lawyer. You have just graduated from law school and are a brand-new public defender. Your first client is charged with armed robbery and, during your first meeting with her, she says, "I thought I was entitled to the best attorney

Question

available?" Explain to your client her entitlement in terms of effective assistance in her criminal trial.

What will be an ideal response?

Answer 1

Some, including this first client of the student, falsely believe that the public defenders assigned to defendants who can't afford their own lawyers are somehow less effective than the private attorneys hired by clients who have money. They assume that the more money one pays for an attorney, the better the attorney. However, trial lawyers more often respect the skills of those lawyers who choose to work as public defenders, as well as make a commitment to watch out for clients' rights regardless of their financial status. Additionally, people committed to trial work often start off as public defenders or deputy district attorneys. However, the student should also define the nature of effective assistance of counsel for the accused client in the scenario. Ineffectiveness occurs if counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. Defendants must show (1) that the counsel's representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for the counsel's unprofessional errors, the result of the proceeding would have been different. However, the accused client in front of the student has not yet gone to trial. She would need to be convinced that the student intends to use the utmost vigor and education to protect the client against the charges, or to seek a plea bargain that exposes the client to as little punishment as possible, based on the evidence.