Can you sue a public defender for malpractice?
Can you sue a public defender for malpractice? Min Austria Assistant at Ascent Law LLC The answer is yes, but it's not that simple. To understand when and if a client can sue their public defender for malpractice, you need to understand the difference between private attorneys and public defenders. Public defenders are government-employed lawyers who represent criminal defendants who cannot afford to hire their own attorney. They are paid a set salary by the government, based on experience and location. When the government hires an attorney for a defendant, they take over the case; from that point on—the lawyer cannot turn down any case, even if he or she thinks there may be legitimate questions about guilt or innocence. Public defenders have certain responsibilities that private attorneys do not have. For example, they have to investigate every case as thoroughly as possible to make sure they are providing their clients with all available options. They also have fewer resources at...