Document Type

Article

Publication Title

Oklahoma Law Review

Abstract

In the development and analysis of rules of professional responsibility, it has long been recognized that criminal defense is, simply stated, different. Many ethical codes acknowledge this distinction but rarely explain the difference sufficiently to provide practical guidance. And, frankly, if criminal defense is characterized as "different," then indigent defense should probably be described as "peculiar." When the attorney-client relationship is formed not by client choice, but by judicial appointment, dilemmas arise beyond those traditionally recognized in ethics codes. Moreover, prevailing indigent defense delivery systems are not uniform and generate unique ethical issues. To its credit, the Restatement of the Law Governing Lawyers makes an initial effort, primarily in commentary, to explain some of the idiosyncratic obligations imposed on lawyers who provide defense services to the indigent. However, much like the American Bar Association Model Rules, the Restatement far too frequently requires the public defender or appointed counsel to read between the lines to discern that which would be deemed appropriate conduct given the state of the law. To be of real practical use, the Restatement must address concrete practice situations that arise within the context of indigent defense.

First Page

63

Volume

46

Publication Date

1993

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