NCJ Number
92220
Date Published
1981
Length
66 pages
Annotation
In 1979 and 1980, an experimental public defense office was established in Burnaby, British Columbia, in order to determine the feasibility of introducing staff criminal defense offices within the Province.
Abstract
Private lawyers were paid fees to handle criminal legal aid cases and spent an average of 7 to 8 hours on each case. From 60 to 70 percent of this crime was court-related time, including time spent traveling to court, time spent waiting at court, and time spent appearing in court. Client time made up another 15 to 20 percent of the total time. Judicare lawyers spent little time preparing for court, other than interviewing clients. Case involving large amounts of time were not usually high payment cases. Similarly, cases involving low amounts of time were not usually low paying cases. The existing tariff does not encourage lawyers to choose particular services just to increase equivalent hourly payments. Cases involving violent offenses averaged about 12 hours of time, compared to 4 to 6 hours for other offenses. The time difference resulted mainly from the larger amount of court time involved in violent offense cases. The time log data collected for the study supported an adjustment in payment for more senior counsel, who spent time per case than less experienced lawyers yet produced similar average billings. The tariff structure was balanced within courts but not between courts. A summary of the overall evaluation of the experimental public defender project is provided. Data tables are also included. For evaluation of other aspects of the same program, see NCJ 92218-19.