The Impact of "Gideon": The Performance of Public & Private Criminal Defense Lawyers

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Abstract
Has the assurance of a lawyer for criminal defendants really mattered? Is not the sophisticated response that legal aid lawyers have neither the experience nor the time and resources and commitment to give meaningful help to their clients? Professor Levine reports a study comparing the performance of private criminal lawyers and Legal Aid Society lawyers in Brooklyn, New York, notes various earlier findings, and proposes certain actions to make the right to counsel more truly effective. But the performance of the legal aid lawyers turns out to be far from inept, token representation. They are surprisingly conscientious and effective advocates. However, their clients lack confidence in them, so prefer to plea bargain, rather than go to trial. This client perception is a key difference between private and legal aid attorneys.

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