Board of Legal SpecializationPractice Exam

The distinction between a public defender and a private criminal defense attorney primarily lies in their employment and client relationship. Public defenders are employed by the government to represent individuals who cannot afford to hire a private attorney. This means that they have a mandate to provide legal representation to those who qualify based on financial need.

In contrast, private criminal defense attorneys operate independently and are typically hired by clients who can pay for their legal services. This fundamental difference in employment structure not only affects the type of cases they handle but also how they manage their caseloads and resources.

While some public defenders may work pro bono on certain matters, their primary role is within the public defender’s office, which is funded by the government. Resources can vary between public defenders and private attorneys, with public defenders often facing higher caseloads and potentially fewer resources to allocate per case. However, the defining feature remains the employment relationship and the respective obligations to their clients.

This clear distinction helps clarify the roles and responsibilities of public defenders versus private defense attorneys within the justice system.