Cause Lawyering under a Neoliberal Regime: The Case of Chile

• In Event: Global Struggles, Local Practices: Cause Lawyering in Crises of Democracy

Abstract

Penitentiary defenders are lawyers working for the Chilean Unit of Penitentiary Defense (UPD), a newly established agency that provides legal counsel to convicted prisoners. Using interviews with 37 penitentiary defenders and 14 penal practitioners, the research examines how these attorneys create personal narratives to navigate their challenging working conditions. Findings indicate that UPD's private contracting system forces defenders to act as independent entrepreneurs, facing performance metrics, audits, and job insecurity. In response, they craft four key narratives: 1) public service, presenting their work as contributing to the public good, 2) self-sacrifice, contrasting their devotion with the profit-driven motives of private attorneys, 3) association, leveraging legitimacy from related professions, and 4) recognition, highlighting admiration from peers. These narratives help penitentiary defenders validate their sense of belonging to the state, affirm their self-worth, and support the continuity of the penitentiary defense program. This study contributes to the literature on cause lawyering by shedding light on the professional commitment of legal aid lawyers under challenging labor conditions, offering insights into new criminal justice agencies and non-Western contexts.

Author

• Isabel Arriagada Gajewski, Old Dominion University