Ensuring that every criminal defendant is represented by an effective lawyer fits squarely within the mission of the College.
Being represented by an effective lawyer is necessary for indigent people accused of crimes to have meaningful access to justice. Fair and just representation for every person accused of a crime requires lawyers who are competent and have enough time and resources to give well-informed advice and provide robust advocacy. Without effective, adequately funded counsel, indigent defendants are denied access to justice and fair and just representation. Every client, rich or poor, is
entitled to a trained advocate who can defend each client vigorously. Every client is entitled to a lawyer who can assess the prosecution’s evidence, research the relevant law, confer with the client, conduct independent investigation, evaluate legal defenses, file appropriate motions and identify and prepare witnesses for trial. Every client’s lawyer should have a budget available to hire necessary experts in given areas such as forensic, scientific and cultural expertise.

In many cases, in many jurisdictions, indigent defendants do not get counsel who can do those things. Appointed lawyers are just too swamped by the volume of clients to dedicate the time energy and effort needed for each client. In these circumstances, the clients have neither access to justice nor fair nor just representation.

Publish Date / Last Revised

November 4, 2024

Resource Type

  • White Paper

Audience Type

  • Fellows
  • General Public
  • Judges
  • Law Students
  • Lawyers