Free Custom «Private Vs Public Defense» Essay Paper

Defense is a crucial thing in the courts of law when a person faces accusations of committing certain crimes. No matter what the case is about, a person must have at least a lawyer to defend him/her. Representation or defense in courts depends on two types of lawyers, private and public lawyers. Normally, the suspects consider different things before deciding to choose either private or public defense. Notably, both the private and public defenses have their pros and cons that people consider. Despite the fact that the private lawyers are easily available and have fewer cases to handle, they are relatively expensive and the middle and lower class may not afford to pay them. On the other hand, the public defenders are free of charge in most states but the disadvantage is that they have less experience since they lack specialization.

This paper analyzes the pros and cons of the both private and public defenses with consideration of significant factors.

The Pros of the Private Defense

Firstly, the private defense is advantageous since one has the option of choosing from a vast pool of qualified lawyers. Unlike the public defense, private lawyers usually provide a free one-hour consultation before picking on whom will represent the client. This enables the client to understand his/her lawyers well since the lawyers are qualified in the practise.

 

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Secondly, the private lawyers handle a less number of cases meaning that they have more time for each case. In comparison to the public attorneys, the private lawyers usually have fewer cases to handle making them spare more time for consultations and meetings with their clients. According to Hall (2010) , this is vital to the clients since they have to explain properly their matter to the lawyer so that he can perform well during the listening of the case.

Thirdly, the private lawyers are advantageous to the public defense since they are specialized to handle certain cases. Specialization is an important factor in almost every profession. The private lawyers undergo training that enables them to remain specialized for handling only specified cases making them efficient.

The Cons of the Private Defense

Notably, the private lawyers are expensive. Despite the fact that private lawyers have experience and specialization unlike the public ones, they are very expensive in case handling. The private lawyers have high charges that the middle and lower class people cannot afford making them not able to utilize their services.

Secondly, the private defense does not have guarantees. High expenditure on a case does not necessarily mean that you will be successful in your case. Notably, there are cases that also become unsuccessful despite the fact that the defense was a private hired lawyer.

The Pros of the Public Defense

Firstly, in most states, the public defenders are usually available free of charge. Kittrich (2008) asserts that this implies that the attorney represents the client in the court of law without you having to pay them like the private hired lawyers. However, in some states the case is different, as one is required to pay the lawyer who represents them.

Secondly, the public defense is advantageous since it helps the less fortunate in the society too to have legal representation in the court. As noted before, the private attorneys are expensive and middle and lower class person cannot afford to pay them. Unlike them, the public lawyers offer free representation and advices to the clients.

The Cons of the Private Defense

Firstly, the public defenders earn low income since the government employs them. In comparison to the private lawyers that receive large amounts of amount of cash from their clients, the public defenders earn low income making them to perform poorly in their work.

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Furthermore, the public attorneys have less experienced. As soon as a people complete their studies, they decide to enter into the public defense offices so that they can gain experience. In the private sector, a client cannot work with a less experienced lawyer and this is the reason why they opt for the public sector.

Thirdly, the public lawyers perform poorly since they have overwhelming number of cases to handle on a daily basis. Contrary to the private lawyers who have more time with their small number of clients to discuss their issues, the public lawyers work under pressure with many cases to handle.

In conclusion, defense in courts is vital and people have to consider the reasons why they are choosing either the private or the public attorneys. The private lawyers’ key advantage is that they have experience with specialization unlike their public counterparts. However, the private lawyers are expensive denying most people from the middle and lower class their services. Additionally, the public lawyers are advantageous since they are free of charge. The main disadvantage with the public defense is that they lack experience and are not specialized to handle certain cases.