LAWYERS AND LITIGANTS
Prosecuting and defense attorneys (criminal)
Plaintiffs’ and defense attorneys (civil)
Groups and individuals represented
Laws created and administered by tribal leaders
Informal and ad hoc decision-making
Lack of court systems and attorneys
Cases presented by orators
Advanced agrarian and early industrial societies
Emergence of police, judge, and attorney roles
Attorneys trained through tutelage and apprenticeships
U.S. system mirrored British system
Emergence of law schools in late 1700’s and early 1800’s
Institutionalized and formal legal training
University education required
Bar exam must be passed for law license
200 ABA-accredited law schools
38 unaccredited law schools
Attorneys find employment in a wide variety of settings
Practicing Attorneys
74% in private practice
Government agencies or private industry
Judges and legal educators
Legal aid or public defenders
Nationwide trend toward larger firms
Appealing earning potential
Variation based upon location, firm size, field of law
Median salary is $110,590
Large demand for attorneys and legal services
2,344 prosecutors offices
78,000 employees nationwide
Represent the people of the state in some
misdemeanor and all felony criminal cases
Variance in title and job responsibilities
Represent the people in bringing charges against
criminal defendants
Responsibilities
Receive cases from law enforcement
Review cases for legal sufficiency
Case screening
Area of tension between law enforcement and prosecutors
Advise grand jury
Try criminal cases throughout all stages of judicial proceedings
U.S. Department of Justice and Attorney General
Cases from the District of Columbia
Cases from the Office of Civil Rights
United States Attorneys
Handle most federal prosecutorial work
Appointed by the President and confirmed by the Senate
Serve at the pleasure of the President and Attorney General
Responsibilities
Prosecution of cases brought by the U.S. government
Handle civil cases in which the federal government is a party
Collect administratively uncollectable debts owed to the government
Counsel clients
Develop legal strategies
Act as mediator and negotiator
Judges
Clients
Prosecuting attorneys
Give case appraisals
Promote justice
Less appealing clientele
Potential for poor reputation
Wide variety of compensation
Lower pay than civil attorneys
Stratification
Law firm
Practice
Background
Guaranteed by the 6th Amendment
Extends only to criminal cases
Applicable to the states (Powell)
Applies to all felony cases (Gideon)
Applies to all cases where there is a possibility of
incarceration (Argersinger)
Applies at all critical stages of criminal proceedings
(United States v. Wade)
Private Retention
Public Defenders
Voucher Systems
Assigned Counsel
Contract Systems
Legal Clinics
Legal Aid Societies
Attorney is selected by the defendant
Expenses are paid out of pocket
Used by those with financial resources
Government attorneys provide legal services to indigent
defendants
Criteria for eligibility
Income level
Public assistance
Ability to post bond
Federal poverty guidelines
Judge’s discretion
State and federal public defenders
Features
Smaller office staff
Recent law school graduates
High rate of attorney turnover
Little difference in case outcome
Indigent defendants are issued a voucher worth a
certain amount
Defendant selects an attorney who will accept the
voucher
Gives the defendant the ability to choose their own
attorney
Dominant form of legal defense
Case appointment from a list of private attorneys
Attorneys paid a flat fee or by billable hours
Variety in quality of representation
Panel attorneys are utilized in federal courts
Attorneys contract with a funding source
Provide court-appointed legal representation
Either stand-alone systems or in conjunction with
public defender
Handle overflow or conflict cases for public
defender
Operate within law schools
Second and third year students represent clients
Selected legal matters
Cases are supervised
Coordinate time donated by lawyers
Pro bono legal work
Concern with undermining other lawyers’ earnings
No evidence that one method of selection is better than
another
Little difference in case outcome for appointed or privately
retained attorneys
No definite criteria for attorney competence
Factors for attorney competence assessment
Defendant must be able to point to a specific procedural error
The action or failure to act must prejudice the case’s outcome
More appealing cases
More financially rewarding
Frequency with which parties appear in court
One-shotters: litigants that file suit once or very
infrequently
Repeat players: litigants that frequently have business in
court and file lawsuits often
Number of parties involved in the dispute