I’m a private attorney. I take pride in my work, and I appreciate when clients seek me out. Yet I sometimes find myself referring clients to the public defender’s office. Why would I do that?
At first it’s a little counter-intuitive. I know that I’m an excellent lawyer and of course I want to represent the clients that come and seek my counsel. And the money’s great. But there’s a tipping point with some clients. They are willing to drain their life savings, take out credit cards, and borrow money just to retain me.
I understand the seriousness of what a bad outcome in court could mean - that it’s often just the beginning of a really hard time in their lives – and I want them to stand the absolute best chance of coming out okay. But my experience tells me that just retaining a private attorney is not necessarily going to change that outcome, and may cause more harm than good!
If my first priority is to serve the client, encouraging them to get into financial jeopardy for my fees is not serving them well. Maybe I’m biased because I got my start in the PD office, but I have some insights that I always offer to clients and I want to offer to the community, too.
I say this as much to anyone seeking counsel as to my fellow colleagues – when a client cannot reasonably afford a private attorney, they should be directed to the public defender’s office. Full stop! The PD office, especially here in Colorado, is staffed by top notch attorneys that vigorously and successfully defend their clients. These attorneys know their jurisdictions, judges and DA’s very well. They know what arguments work and what to avoid. They know how to get through the process in their jurisdiction smoothly and efficiently. I know for me, my time at the public defender’s office honed me into the sharp attorney I am today. I got my chops there, had access to excellent resources and experts, and I was supported by a knowledgeable community.
I reject the misconception that Public Defenders don’t provide excellent representation, and as a private attorney, I ask myself, “Am I truly this client’s best option?” By putting the client first I recognize that a $25 application fee may be a much more appropriate path. Sure, I might lose their business, but I do this work to help the whole person in legal trouble. Clients unable to afford a retainer are in good hands with public defenders, and we owe it to potential clients to be that forthcoming to them!
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