NCJ Number
86943
Journal
Arizona State Law Journal Volume: 1981 Issue: 2 Dated: (1981) Pages: 447-626
Date Published
1981
Length
179 pages
Annotation
A series of articles examines standards for attorney competence and the actual practice of attorneys in the general area of fact investigation, with attention to trial preparation, plea bargaining, and sentencing as practiced by a sample of attorneys in Maricopa County, Ariz.
Abstract
The opening article identifies and discusses attorney knowledge, skill, and attitude required for effective representation, considers prior research on lawyer competence, and presents the study methodology used to measure the competence of criminal defense lawyers in Phoenix, Ariz. The second article analyzes the results of the Phoenix study with regard to the following aspects of defense trial preparation: initial client interview, visit to the scene of the crime, prosecution witness interviews, and discovery from the prosecution. The study found that while the attorneys did some preparation in all cases, some did not follow all practices recommended by commentators. The 'reasonable lawyer' court test of attorney competence would have found the trial preparation of the Phoenix lawyers adequate. The third comment explores the extent of a defense attorney's responsibility to investigate the facts of a case in preparation for plea negotiation based upon various standards, and results are reported from a survey of the Phoenix defense attorneys regarding their opinions about preparation for plea negotiation. The study found that in about one-half of their cases, defense attorneys did not conduct the thorough investigations required for effective plea bargaining for their clients. The concluding paper reviews constitutional standards used by courts to determine attorney competence, examines model standards for counsel's role at sentencing, and compares this ideal role with the actual performance of the Phoenix attorneys. For individual documents, see NCJ 86944-47.