Paid a Public Defender

[Freebird_Now]

We didn't know at the time but the attorney I hired (paid $$$$) worked on the public defenders board. He knew I was indigent and was scraping together money from family and friends to retain him. Not until I was sentenced and walking out did he mention, to my family's shock, that he was a public defender and would be able to pick my case up for my appeal. In a request to the court after sentencing the judge referred to him as the "public defender" who represented you. Later other lawyers stated "you paid a public defender?" Anyone know of any case law or ethics opinions with regards to this topic?

Thanks in advance.

Great website here.

 

[dee_dub]

"Public defender" is situation-specific. A lawyer may be paid by the state in some cases but act for private clients in others. There is nothing per se improper with you having paid him, or him having accepted a fee from you.

Did you qualify for a public defender? If you didn't, then you got a lawyer and paid for him, nothing fishy about it. If you did, then why did you hire a lawyer yourself?

 

[PILawGirl]

Did you even ASK for a public defender?

 

[meg049]

Replys ASSUME Knowledge ??

I am kind of surprised at the tone of the two replies made. They assume the commentor should have known he (most probably) had a right to free counsel via a Public Defender, which he obviously did not. I think the attorney involved bears some responsibility as the knowledgable party, to have informed this person of his rights. I am not an attorney, but have had experience with just how little assistance is "offered up". I would bet that most people who have not had exposure to the "justice system" have little or no idea what questions to ask, and are under such stress that clear thinking is a challenge too.

 

[dee_dub]

The question is whether the attorney did anything wrong. Accepting a fee from a client is not wrong.

I agree with your point that the lawyer could have advised the person of his rights. But I doubt that would have changed things. I don't assume the questioner had a right to free counsel. In fact, because he was able to pay the attorney, I would be inclined to assume he did NOT have a right to free counsel.