Bridging the Gap Between Clients and Attorneys: Examining Public Defender Communication

• In Event: Legal Services for the Indigent: Client Experiences

Abstract

In the landmark Gideon v. Wainwright decision, the US Supreme Court established the federal standard of appointed counsel for indigent defendants as fundamental to fairness. With a large portion of individuals represented by public defenders (approximately 82% of felony defendants in large, state courts), conceptualizing effective representation becomes an important task, and crucial for improving public defense. Recent research has emphasized greater need for a client-centered approach to lawyering. Key to this approach is communication that facilitates the attorney-client relationship (e.g. listening, asking the client their opinion), and may lead to improved perceptions of procedural justice. This project aims to further examine factors that are important for effective attorney-client communication. We present the preliminary findings from a series of studies. The first is a survey of public defenders in an urban jurisdiction that captures what attorneys believe are important factors in developing and maintaining good communication with clients. Then, we present findings from an exploratory method of shadowing attorneys in meetings with their clients to identify if such factors are used. Lastly, we present findings from a survey of the clients their views of communication with their attorney. Results will be presented in relation to their policy implications.

Authors

• Kelsey S. Henderson, Portland State University

• Christopher Michael Campbell, Portland State University

• Janet Moore, University of Cincinnati Law School

• Marla Sandys, Indiana University Bloomington