NCJ Number
16178
Journal
ISSUES IN CRIMINOLOGY Volume: 9 Issue: 1 Dated: (SPRING 1974) Pages: 1-31
Date Published
1974
Length
31 pages
Annotation
EXAMINES LAWYERS IN THE PUBLIC DEFENDER'S OFFICE, CONCENTRATING ON RECRUITMENT AND TRAINING FOR THESE INDIVIDUALS, SOCIALIZATION INTO THE LEGAL MARKETPLACE, AND EXPLOITATION OF THESE WORKERS.
Abstract
THE CAREERS OF LAWYERS WHO SPENT SOME TIME IN A PUBLIC DEFENDER'S OFFICE IN THE YEARS BETWEEN 1927 AND 1971 HAVE BEEN FOLLOWED. THE OFFICE HAS CONSIDERABLY CHANGED AND GROWN DURING THIS PERIOD, BEGINNING AS A VERY SMALL AND PART-TIME OPERATION IN THE 1920'S, GRADUALLY BECOMING MORE STABLE AND RESPECTABLE DURING THE 1950'S, AND EMERGING IN THE LATE 1960'S AS A MEDIUM-SIZED BUREAUCRACY CHARACTERIZED BY A HIERARCHIAL DIVISION OF LABOR AND A FORMAL APPARATUS OF RECRUITMENT, TRAINING AND PROMOTION. WHILE THIS STUDY PROVIDES A CLEARER UNDERSTANDING OF SPECIFIC LEGAL CAREERS, IT ALSO RAISED MORE GENERAL QUESTIONS ABOUT THE RELATIONSHIP BETWEEN THE STATE, THE LEGAL PROFESSION AND PUBLIC SERVICE. THE PDO IS AN EXAMPLE OF HOW THE STATE SUBSIDIZES THE APPRENTICESHIP AND TRAINING OF PROFESSIONALS WHO IN THE FINAL ANALYSIS DEVOTE THEMSELVES TO THE PRACTICE OF LAW FOR PROFIT. IT IS THROUGH THE PDO THAT YOUNG LAWYERS ARE PROFESSIONALLY SOCIALIZED AND INTRODUCED TO THE LEGAL MARKETPLACE. AS IN OTHER PUBLIC INSTITUTIONS--NOTABLY COUNTY HOSPITALS, WELFARE DEPARTMENTS AND GHETTO HIGH SCHOOLS--THE CLIENTS OF THE PDO ARE POOR, POWERLESS AND DISPROPORTIONATELY THIRD WORLD. AFTER LAWYERS IN THE PDO HAVE COMPLETED THEIR APPRENTICESHIP AND REFINED THEIR TECHNICAL SKILLS, THEY GENERALLY LEAVE THE PDO TO ENTER PRIVATE PRACTICE AND DEFEND PREDOMINANTLY MIDDLE-CLASS CLIENTS. LAWYERS IN THE PDO OCCUPY AN AMBIGUOUS POSITION IN THE LABOR FORCE AND SOCIETY COMPARABLE TO SCIENTISTS, TECHNICIANS, ENGINEERS AND OTHER PROFESSIONALS. WHILE THEY ARE AN OCCUPATIONALLY PRIVILEGED GROUP BY VIRTUE OF THEIR EDUCATION, TRAINING AND INCOME, AT THE SAME TIME THEY HAVE NO INDEPENDENT ACCESS TO PRODUCTIVE PROPERTY AND MINIMUM CONTROL OVER THE CONDITIONS OF THEIR WORK. THOUGH THEIR LIFE-STYLES ARE MIDDLE-CLASS, THEY ARE ALSO PART OF A NEW WORKING CLASS OF EDUCATED LABOR NECESSITATED BY THE INCREASINGLY TECHNOLOGICAL AND SCIENTIFIC CHARACTER OF THE PROCESS OF PRODUCTION. AS STATE WORKERS PERFORMING UNGLAMOROUS AND PROFESSIONALLY UNREWARDING WORK, PUBLIC DEFENDERS ARE SUBJECT TO ADDITIONAL EXPLOITATION AND INDIGNITY. (AUTHOR ABSTRACT)