COURT-APPOINTED LAWYER AND LEGAL MALPRACTICE - LIABILITY OR IMMUNITY

• NCJ Number: 37554
• Journal: American Criminal Law Review Volume: 14 Issue: 1 Dated: (SUMMER 1976) Pages: 59-70
• Author(s): R E MALLEN
• Date Published: 1976
• Length: 12 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXPLORES THE ROOTS, RATIONALE, AND WISDOM OF THE CONCEPT OF IMMUNITY FROM LEGAL MALPRACTICE SUITS FOR THE COURT-APPOINTED ATTORNEY.

Abstract

THIS IMMUNITY APPEARS TO HAVE FOUND SOME REPOSE IN A MINORITY OF THE FEDERAL COURTS. HOWEVER, PUBLIC DEFENDERS AND COURT-APPOINTED LAWYERS DO NOT BELIEVE THAT EITHER THE SOURCE OF THEIR COMPENSATION OR THEIR CLIENTELE AFFECTS THE QUALITY AND EXTENT OF THEIR SERVICES OR ETHICAL RESPONSIBILITIES. SINCE THE MOST SERIOUS DANGER INVOLVED IN A MALPRACTICE CLAIM IS FINANCIAL, AS LONG AS THAT EXPOSURE CAN BE PROTECTED BY INSURANCE OR INDEMNITY CONTRACTS, IMMUNITY IS NOT ONLY UNDESIRABLE BUT UNNECESSARY. (AUTHOR ABSTRACT)