Client trust in counsel is functionally necessary for effective defense work

Evidence

Legal education used to follow Langellian theory, where formal study was followed by extended apprenticeship with a practicing attorney. This model has been discarded, as firms can no longer afford to hire young attorneys to work on mundane, repetitious legal tasks. In addition, most law schools do not require students to participate in legal clinics or any other supervised experiential learning. The result is that an individual can graduate from law school, take and pass the bar examination, and begin serving clients right away— which many do, as almost two-third of all lawyers practice in small or solo firms, where direct client contact is the norm. A new attorney, in other words, might try a serious case without ever having trained at interviewing clients or witnesses, drafting letters or contracts, or writing and arguing motions. In short, defense attorneys can be both overeducated (in terms of relying on legalese) and undereducated (in terms of the practical business of reassuring and working with clients). The result can be significant miscommunication. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 683 (#complicates, via linked claim)

For many years, we have worked together on behalf of the accused, Andrea as a criminal defense attorney and Mortimer as an investigator. We trained together, served on death penalty teams together, and taught together. What we know is that bias crosses legal divides, affecting the decision-making of even those who are seemingly well-intentioned and egalitarian, such as criminal defense attorneys. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 665 (#complicates, via linked claim)

Categorization

• XREF: connects to: Ethical ideals differ between client-loyalty and justice-serving lawyers — G. Alan Tarr, Judicial Process and Judicial…, 933; Where counsel quality is equal, the substance of law decides case outcomes. — G. Alan Tarr, Judicial Process and Judicial…, 2270; Working relationships with prosecutors can co-opt defense attorneys into the system. — G. Alan Tarr, Judicial Process and Judicial…, 1818 (+2 more)

Broader Connections

• New lawyers may try serious cases untrained in client communication #complicates (0.78) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 683
• Unconscious bias affects even well-intentioned opposing-counsel defenders #complicates (0.74) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 665