NCJ Number
150015
Journal
Law and Human Behavior Volume: 18 Issue: 4 Dated: (August 1994) Pages: 437- 452
Date Published
1994
Length
16 pages
Annotation
Three studies of attorney-client decisionmaking were conducted in a public defender office.
Abstract
In studies 1 and 2, a structured interview was used to debrief attorneys regarding clients' participation in their cases. Study 1 examined a sample of 200 felony and misdemeanor cases selected prospectively and resolved by any means (92.5 percent by plea). Study 2 examined 200 felony and misdemeanor cases resolved by trial. Study 3 involved debriefing both attorneys and clients regarding perceptions of client participation in 35 recently closed felony cases. Attorneys doubted the competence of 8 percent to 15 percent of clients charged with felonies and 3 percent to 8 percent of clients charged with misdemeanors. In cases involving clients of doubted competence, attorneys often responded by means other than referral to mental health professionals for competence evaluations. As compared with clients whose competence was presumed, attorneys tended to view clients whose competence was doubted as less helpful and as less actively involved in their cases, but as actively involved in making key decisions. Defendants' perceptions appeared to be roughly consistent with attorneys' perceptions, allaying concerns that attorneys' reports may be distorted to conform to expected norms. 18 references