“Public defenders are not real lawyers.”

Many people believe that Assistant Public Defenders are not lawyers. Some clients refer to them as “Public Pretenders” and “Public Offenders.” These clients are often heard saying, “I want a real lawyer” (AKA private attorney), and “if I had a real lawyer I would have gone to trial and won.”

Some people believe that lawyers have to apprentice at the Public Defender’s Office before they can practice as “Real Lawyers.” The myth that Assistant Public Defender are not real lawyers is perpetuated first by the defendants assigned to the Public Defender’s Office, who no one ever believes except when they say Assistant Public Defenders are not real lawyers.  Then by some Private attorneys who want people to believe if they have the Public Defender they will go to jail or prison forever so they should hire a private attorney, and even by some Judges who criticize Public Defenders.

Now all this negative press spreads into the community at large.  And before long television shows are airing episodes demeaning Public Defenders. One aired a story where at first appearance it looks like the Judge is going to give the client the death penalty right there in the courtroom as her Public Defender stands around hopelessly not knowing what to do, and may even be getting ready to assist in the execution of her client. The tension mounts as the moment nears to the time the electric chair is going to be wheeled into the courtroom. Then at the last moment in comes a Superhero to save the day, or its equivalent–a high paid private attorney who shouts out some words while waving some papers around.  The case is miraculously dismissed and an apology issued to the Defendant!  This of course perpetuates the myth to the point that when it comes to the Public Defender the general public feels: You get what you pay for.  And then there are ironically the times a person didn’t get what he didn’t pay for, and it was a good thing.131

The only basis in reality to this myth is this: some Assistant Public Defenders are right out of law school and therefore will not usually be as good as a more seasoned private attorney. But usually, neither will the brand new private attorneys who right after Law School open their own Law Firms. The Assistant Public Defenders are also overworked, and burdened with too many cases. They are similar to a chef who has to make dinner for a hundred people. No matter what there will always be some people who don’t like the food. But the truth is this:   some Assistant Public Defenders are just as good as some private attorneys, and some are even better, and some are of course worse. In other words the percentage of Assistant Public Defenders who don’t perform up to standards is the same as the percentage of private attorneys who don’t.