The Lowest Number Of Willing Attorneys Yet

The Lowest Number Of Willing Attorneys Yet

One eastern state measured the criminal cases with indigent defendants in its three largest counties. The number of lawyers who were willing to take on these cases had fallen so far that it is about to reach the point where there aren't enough lawyers to handle any new cases. It was suggested to the legislative committee that the compensation rate for the lawyers be increased. Hourly rates paid to attorneys who voluntarily represent poor defendants in criminal cases needs to increase if not double, according to judges from these three, large counties.

One judge spoke about the list his county has of volunteers, half of them attorneys will less than three years' experience, who are willing to take on cases of poor defendants. He also claimed that their volunteers' list had diminished by several percentage points over the last several years, and that the majority of the lost one were due to only economic reasons. The result of attorneys' refusal to take on these cases because of the low rates they're paid, the judge warned, is that poor people will be saddled with lawyers who don't have the experience these serious cases require. The rates should be increased at least by double for both in and out of court hours, according to the judge.

The biggest reason that people aren't going for these cases is because they can make a lot more money with civil lawsuits or making wills and deed. Representatives of the judiciary argued that it is not right to ask lawyers to forfeit substantial potential earnings because they are doing government work. For the most part, criminal cases handled by the state will give the defendants appointed counsel, which doesn't pay as much as some of the more lucrative types of work.

About twenty years ago, budget issues mandated a reduction in attorney fees on indigent criminal cases. Both in-court and out of court hourly rates were significantly cut. Today's rates are very similar to those of twenty years ago. One of the judge's colleagues spoke up on his behalf, agreeing with him and asking for some sort of pay increase.

This judge has also seen a huge number of attorneys who have left the volunteer list in his court, and the court has suffered for it. By returning the rates to where they'd been before, the judge hopes that attorneys who are thinking about not taking any more indigent cases will continue to take them. And, just maybe, more attorneys could be lured back to taking the cases. They do think the system is working well, but say the lawyers need more money for their work.

Even though one county has over 300 lawyers working in it, there are very few who will take the indigent cases. And, the number who will is shrinking daily. Over ninety percent of those who ask to be taken off the indigent case list cite the money as the reason, according to one judge. Testimonials were proffered by a county judge indicating that only a quarter of the lawyers in his jurisdiction were willing to accept poor clients. Of the original number of volunteers on the list, the judge went on to say that it has dropped even further. After hearing this testimony, the committee responsible for recommending that the state legislature raise the fees of these attorneys decided not to act at this time.

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