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The economic
models of representation can be broken down into the following
designations.
The Privately Engaged Attorney
The Court Appointed Attorney
The Public Defender Provided Attorney
Private Interest Provided Attorney
Each of the
descriptive categories in the Economic models of representation present
constitutional problems that pose threats to justice and equality.
Without a detailed explanation of the variation on each of these
categories, we will briefly identify the scope of these classifications.
The
Privately Engaged Attorney This once predominate
method of compensation of attorneys has almost fallen into obscurity in
major cases involving violent crimes. The cost of engaging
competent private counsel is out of financial reach for most persons in
the criminal justice system. Persons with relatively small amounts
of financial resources usually attempt to engage attorneys who offer
representation at an affordable price. Often the services provided
by this type of attorney are in keeping with the cheap price. Naturally,
persons with good judgment in engaging counsel and adequate financial
resources step to the head of the line when justice is administered.
Often privately engaged counsel are not compensated adequately to
engage in a sustained attack on the fairness of the entire criminal
justice process.
The Court
Appointed Attorney Attorneys obtained thought this
method of compensation vary greatly as to both competency and commitment
to the accused person. When the government selects the attorney
who is to determine if the government is providing a fair tribunal or if
the government is only providing an arena for a bullfight, there are
immense constitutional problems. What happens to the attorney that
attacks the government? Does the attorney receive full
compensation for the time spent on the attack?
The
Public Defender Provided Attorney Many dedicated
attorneys work as public defenders. Do these attorneys work with a
glass ceiling over the attacks that they are permitted to make against
the process of the government?
Private
Interest Provided Attorney Many private interest
organizations provide invaluable services to persons who could not have
good representation otherwise. Like all of the various economic
models, this model has a great potential for a conflict with the best
interest of the client.
By
identifying these economic models, we identify a myriad of conflict of
interest issues that are not adequately corrected in the criminal
justice process. Are these conflict of interest issues being
litigated, or is the economic interest and absence of understanding of
the conflict issue of attorneys deterring this type of litigation?
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