Can you sue a public defender?
Asked by: Ms. Maia Gleichner | Last update: August 23, 2025Score: 4.1/5 (75 votes)
If you believe that your public defender's actions (or lack thereof) have resulted in harm to your case or your rights, you may have grounds for legal action. However, it's crucial to gather evidence and documentation to support your claims.
What percent of cases do public defenders win?
While the success rate for other defense attorneys edged up only from 12% (2008-09 through 2018-19) to 13% (2019-20 through 2022-23), for public defenders it nearly doubled, soaring from 18% to 35%.
How to file a complaint against a public defender?
You can file a complaint against an attorney with the California Bar Association. Here is the link: https://www.calbar.ca.gov/Public/Complaints-ClaimsAs for the court date in December, and asking for a new attorney, you are able to do that.
What are the disadvantages of public defenders?
The most common complaint that we hear is that public defenders have a tremendous workload of cases and it's a volume business. Since they have so many assigned clients, even the best public defender doesn't have as much time as they'd like to spend on each individual case.
Have public defenders ever won a case?
You can have a successful case with a public defender and even win, but your chances are better with a private attorney who has the time, resources, and experience to devote to your case.
Can You Sue A Public Defender For Malpractice? - CountyOffice.org
Can public defenders be trusted?
For the most part, you can trust a public defender to handle your case responsibly and competently because they are hardworking people that want what is best for their clients. But their ethics will not provide them with limitless time, and they will receive payment no matter what happens in your case.
What is a criticism of public defenders?
They are widely viewed as undermining the public welfare, of acting immorally, and of inappropriately empathizing with criminals over victims. Poor funding for public defender offices in many jurisdictions underscores what the body politic in those places thinks of unsparingly zealous public defense.
Why are lawyers better than public defenders?
A private lawyer will have a smaller caseload than a public defender. They will be able to devote more time to building a strong defense strategy for you. More resources. Private lawyers have staff that will help them in your case.
Who is in charge of public defenders?
The court appoints the public defender's office to represent the defendant, and the office assigns a lawyer to the defendant's case. In the federal criminal court system and some states and counties, representation is through a publicly funded public defender office.
Can you sue a public defender for negligence?
MOST MALPRACTICE SUITS AGAINST PUBLIC DEFENDERS HAVE BEEN INSTITUTED IN FEDERAL COURT UNDER THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. 1983.
What is the most common complaint against a lawyer?
- Neglect.
- Lack of communication.
- Misrepresentation or dishonesty.
- Scope of representation.
- Fee disputes.
Can you refuse a case as a public defender?
Public defenders can not refuse to represent a client without proper legal cause. Private attorneys on the other hand, can refuse to represent any client for almost any reason. This results in private attorneys having lighter caseloads and the ability to focus more of their resources on your case.
Should I go with a public defender or a lawyer of my choice?
Most public defenders have less experience – Even the most experienced public defenders often lack the same knowledge and skills that many private lawyers have. Since you cannot know who the court will appoint as your public defender, you might even get a lawyer who has never worked on a case before.
Which attorney has won the most cases?
Settings. Gerry Spence is widely considered one of the most successful trial and criminal attorneys in America. He has never once lost a criminal case — either as a prosecutor or a defense attorney — and he hasn't lost a civil case since 1969.
What states pay public defenders the most?
- South Carolina. $150,804 Yearly.
- California. $97,808 Yearly.
- Nevada. $92,295 Yearly.
- Washington. $89,252 Yearly.
- Texas. $85,890 Yearly.
What are the disadvantages of a public defender?
Disadvantages Of A Public Defender
Public defenders often lack office equipment and the levels of research access that private attorneys have available. Public defenders also can rarely afford to hire investigators to collect evidence to support your case.
Can you hire a lawyer after getting a public defender?
In most cases, defendants with a public defender are still permitted to hire a private attorney. However, there are a few important factors to consider.
What is a conflict public defender?
One example of a conflict of interest is when the assigned public defender previously worked with that client. The attorney may argue that he or she cannot best help that client based on past evidence or information shared between the two.
Is it good to get a public defender?
They can advise you as to the likely outcome of your case. If you cannot afford the attorney of your choice, a public defender is a better option than representing yourself.
Do public defenders work with prosecutors?
It is often the case that specific public defenders are assigned to the same courtrooms regularly dealing with the same judges and prosecutors.
Do lawyers charge for text messages?
Texting can be a very expensive use of an attorney's time. Most attorneys charge a large fee for their texting time, much more than for an email or letter. This of course depends on a person's individual attorney, but in today's legal world the question of an attorney's cost and use of texting needs to be asked.
Is it bad for a lawyer to lose a case?
Former jurors on a case I lost have come to me as clients. Opponents who prevailed against me have later come to me when their next case surfaced because they recognized who the better attorney was. Don't think the loss is a loss. It is a learning experience and can produce great benefits, including future cash flow.
Who most benefits from public defenders?
Final answer: Defendants who cannot afford their own counsel most benefit from public defenders. They ensure that the constitutional right to legal representation is upheld.