Compensation Lawyers Eschew Destitute Defendants

Today, a legislative committee informed the public that, unless something dramatic was done, three large counties of a state on the Eastern end of the US would have a complete dearth of lawyers who would accept indigent criminal cases. Judges, who work in these three counties, suggest that attorneys who willingly take on poor criminal clients must be paid double the current hourly rates allowed.

The attorneys who will take the cases are lacking experience, said one judge. The list is shrinking and most are removing their names simply because of the money issue. More lawyers will not agree to take on such cases and will abandon the poor to unpracticed attorneys to defend their severe charges, the judge further warned, claiming that the problem is a result of poor monetary recompense. The rates should be increased at least by double for both in and out of court hours, according to the judge.

Tons more money is to be had by working with civil suits and drawing up wills and deeds. These judges don't believe any attorney should be expected to work for the state for such a low rate of pay. Many of these poor defendants end up getting assigned court-appointed attorneys, many of whom lose money on these cases.

Due to budget issues, the state was forced to reduce the rates attorneys were paid to represent poor criminal defendants. The compensation for both in and out of court fees were cut in a very significant manner. The rates from twenty years ago are basically the same as they are today. Another judge requested the committee to consider returning the rates to what they'd been prior to the cuts.

The courts are getting to a breaking point, because there have been many lawyers who haven't been able to make the volunteer list. If compensation rates were returned to previous levels, more attorneys would be willing to take the cases. Some lawyers who were considering stopping, may even continue. They are pleased with the current system, except that they think the attorneys need to be paid more money.

A very small percentage of the three hundred practicing attorneys in one county are willing to take indigent cases. The percentage is getting smaller and smaller. One judge estimates that of those asking to be removed from the volunteer list ninety percent do so because of financial reasons. Demonstrating that a mere 25% of the practicing lawyers in his district have consented to practice defense work for the indigent, the judge offered evidence. The number is shrinking even more, because the list of original volunteers continues to shrink. The committee chose not to act.

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