2 Attorney with arms folded in front of book case
There are important differences...

Private Attorney vs. Public Defender

Which is best for my case?

Defendants in a criminal case often have to make a decision about representation – whether to hire their own lawyer or just accept the public defender that will be appointed to them. Private attorneys can provide more proactive representation by working on your case before you have to go to court.

Whenever a potential client calls me for consultation, the subject of whether or not to take a public defender usually comes up. For those unable to afford their own attorney, public defenders provide an invaluable service. A criminal charge, no matter how minor, can pose serious collateral consequences and it is always a good idea to have professional help if it’s being offered to you. Even if you qualify for a court-appointed attorney, you may still want to hire your own, and the expense could be well worth it.

Despite prevailing notions, there is no difference between public and private attorneys on a professional level – we are all lawyers, licensed to practice law. The main difference between a private attorney and a public defender is when the attorney can get involved and start working on your case. A public defender is a lawyer provided by the court and they must be appointed by a judge. Court-appointed lawyers are therefore unable to begin work before your first court appearance. Private attorneys, on the other hand, can begin work as soon as they are hired; often getting you results before you ever step into court.

There is plenty of work that can be done on cases before the first court appearance. Attorneys can gather evidence, speak to the police on your behalf, and even represent you at pre-arraignment proceedings like a Clerk Magistrate hearing (see another article on the importance of having an attorney for your Clerk's hearing here). All of this can greatly mitigate or even completely eliminate a defendant’s criminal liability heading into their case.

Getting involved in cases sooner rather than later can make a world of difference. Just recently I was retained on a case of simple assault and battery with my client scheduled for arraignment several weeks out. Before we ever appeared in court I was able to negotiate an agreement with the alleged victims (called an accord and satisfaction) that made the criminal case unnecessary. We were able to show up on the date of arraignment with a resolution in writing. The case was dismissed that day with no requirement of probation or negative affects to my client’s record. This kind of proactive representation is only possible with a privately retained attorney.

Beyond this, private attorneys usually have fewer cases than public defenders. This means the private attorney has more time to spend on each case, which translates to being better prepared and more responsive to clients. If you have a potential criminal charge, or a court date coming up, why wait to have someone working for you? If you are thinking about possibly hiring an attorney, give us a call at (617) 723-4163 and we can provide a complete case evaluation for you.

Article by ADB

Andrew Berman has handled civil and criminal matters at the highest levels for over 20 years. He is a former prosecutor and senior civil trial attorney at a Boston law firm. He has argued in front of the Supreme Judicial Court 3 times on both civil and criminal matters (and the New Hampshire Supreme Court once) and has been appointed as a Special Prosecutor seven times in serious and high-profile criminal matters. He was born in Boston’s North End and currently lives in Braintree with his family, including his three sons, where he is a regular coach and volunteer for Youth Basketball and Baseball.