Why might a defendant prefer private attorneys over public counsel?
Asked by: Adeline Hodkiewicz IV | Last update: January 10, 2026Score: 5/5 (28 votes)
Personalized Attention – Private attorneys handle fewer cases than public defenders. This allows them to offer more personalized attention to each client. A public defender will typically have anywhere from 10-30 cases a day cross their desk.
Why do defendants prefer private attorneys over public counsel?
The private attorney is going to be able to devote much more time to your case generally than the public defender. The public defender, when they come to court, they may have 20 cases they have to deal with that day whereas the private attorney, you may be the only case.
What is the difference between a private attorney and a public defender?
Public defenders don't have time to investigate every detail go that extra mile to uncover hidden evidence, or hash out plea deals with prosecutors. Private lawyers also do more than defend their clients. They can file appeals, handle probation revocations, and pursue post-conviction expungements.
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.
Which of the following is a true difference between private and public defense attorneys?
A private attorney has a personal stake in the outcome of your case because if they do not do a good job for their clients, they will likely stop getting clients and go out of business. Conversely, a public defender will always have more clients regardless of the outcomes they obtain for their clients.
Why Might Defendants Prefer Private Attorneys Over Public Counsel? - CountyOffice.org
Are private lawyers better than public?
Public attorneys meet with their clients briefly, so it is impossible to get a grasp of every detail. A private attorney takes the time to examine each detail within your case, which makes for a more thorough plan of action.
How often do public defenders win cases?
In both Federal and large State courts, conviction rates were the same for defendants represented by publicly financed and private attorneys. Approximately 9 in 10 Federal defen- dants and 3 in 4 State defendants in the 75 largest counties were found guilty, regardless of type of attorney.
Who benefits most from public defenders?
Public defenders represent individuals who are charged with crimes but are unable to hire a defense attorney. This means that public defenders often work to help disadvantaged members of society.
How much do public defenders make compared to private lawyers?
The average entry-level salary for a prosecuting attorney is $51,100, for public defenders it is $50,400 compared with private defense lawyers whose starting salaries average $118, 660.
Why would you not qualify for a public defender?
Defendants who cannot afford legal counsel only have the right to free legal counsel if the charge carries a risk of a jail or prison sentence. Thus, a defendant charged with a minor offense such as a traffic violation will probably not be appointed a public defender.
Can you deny cases as a public defender?
Public defenders may occasionally refuse a case due to specific legal and professional constraints. These circumstances typically involve conflicts of interest, excessive case overload, or jurisdictional limitations that affect their ability to provide adequate defense.
What does it mean when a lawyer is in private practice?
What is private practice in law? A private law practice is a law firm that operates as a business in the private sector. This differentiates private practice law from working for a governmental entity—as criminal prosecutors, public defenders, or any attorney working for a government agency.
Do private lawyers make more?
According to Investopedia, the top paying states for lawyers are Washington D.C., California, New York, Massachusetts, and Delaware, while the top paying cities are all in California—San Jose, Sunnyvale, Santa Clara, and San Rafael. Similar to location, time on the job will also affect paycheck.
What is the difference between a court-appointed attorney and a public defender?
Both are paid by the state or federal government, but court-appointed attorneys are paid by the hour, while public defenders are salaried employees. However, court-appointed attorneys are private lawyers appointed by the court on a need basis, while public defenders are county, state, or federal employees.
What is the difference between a public defender and an attorney hired from a private law firm?
Appointment and Choice: Public defenders are assigned to individuals who can't afford private representation, while private attorneys are chosen by the client. Cost Factor: Public defenders are available at minimal or no cost, whereas private attorneys can be expensive, with fees depending on various factors.
Why might defendants prefer private attorneys over public counsel?
Personalized Attention – Private attorneys handle fewer cases than public defenders. This allows them to offer more personalized attention to each client. A public defender will typically have anywhere from 10-30 cases a day cross their desk.
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.
Why are public defenders quitting?
But the demand for public defenders keeps rising and public defenders are leaving their positions, in record numbers, due to burnout, low wages, staggering workloads and crippling student debt.
Has a public defender ever won?
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.
What percentage of people using a public defender plead guilty?
We know that, depending on which jurisdiction, anywhere from 60-90% of all criminal defendants need publicly funded attorneys. And then when it is time to come in front of a judge, 90-95% of those people will enter a guilty plea.
Can a public defender get you out of jail?
Public Defense is a Luxury Worth Taking Advantage Of
Either way, a public defender can do a lot for you, including get you out of jail. However, you must have already been appointed a public defender for this privilege, which would mean you have been arrested while already facing pending criminal charges.