Examining the Effectiveness of Holistic Defense in Practice

• In Event: Legal Services for the Indigent – New Frontiers in Law, Policy and Research on Quality Legal Representation

Abstract

Holistic defense, also known as problem-solving lawyering, community-oriented defense, therapeutic defense, holistic advocacy, or integrated service representation, is the most comprehensive statement to date of what defines the effective assistance of counsel for criminal defendants. The holistic defense model arose partly in response to widespread criticism of existing systems for delivering defense services to indigent clients, and partly as a component of the larger problem-solving movement taking hold in the criminal justice system over the past two decades. The expansion of collateral consequences such as sex offender registration and ineligibility for public housing over the past three decades was another primary motivator for the development of the holistic defense paradigm. Proponents of holistic defense claim that strong legal advocacy combined with attention to client needs through community contacts and partnerships can improve client outcomes. However, the supporting evidence consists almost entirely of normative arguments and anecdotal information. This session will focus on initial findings from a comprehensive evaluation of case and client outcomes under variations of the holistic defense model in three research sites: Rhode Island Public Defender (Providence office); Minnesota Public Defender (Minneapolis office); and the Kentucky Office of Public Advocacy (Bowling Green office).

Authors

• Brian Ostrom, National Center for State Courts

• Cynthia Lee, National Center for State Courts

• Matt Kleiman, National Center for State Courts