Public defenders and private attorneys are both certified to practice law. They also will have passed the bar exam for the state or states they practice in.
But the primary difference is that private attorneys are hired and paid for by clients. However, public defenders are appointed by the court system and paid for by the government or partly by the client and government.
Public Defender
Public defenders are typically employed by or under contract with the state, county, or federal government. They work exclusively in criminal law and can’t help with non-criminal matters or civil cases.
They are assigned to cases to represent defendants who can’t afford to hire a lawyer. As a result, their services may be free or offered at a low cost.
However, only some qualify for representation by a public defender. You’ll need to meet the low-income requirements and be arrested for a crime that carries the risk of jail or a prison sentence. The specific guidelines, any fees, and rules can vary per state.
While public defenders are qualified attorneys, they often have large caseloads causing them to be overworked. As a result, they may have less time to devote to each individual case compared to hiring private counsel. For instance, sometimes your public defender may only meet you on the day of your court date, leaving little time for preparation, review of your situation, or investigation.
Additionally, you don’t get a choice in who your public defender is — you have to work with the person assigned to you.
Private Attorney
Private attorneys are lawyers hired by you and paid to represent you in court. While you’re responsible for paying for a private attorney, there are advantages to hiring counsel.
Unlike with a public defender, you can choose who you work with. Ideally, you’ll want to interview several private attorneys before hiring someone.
Depending on your legal case, you may be able to find a private attorney with specialized knowledge or experience pertaining to your situation.
Additionally, private attorneys have smaller caseloads. So they will have more time for your case, including more upfront time to investigate your case and review your file.
Private attorneys can also assist with civil or administrative matters in addition to criminal law issues.
