Author: Bryan Lin
Two immigrants appear before the same immigration judge on the same day with nearly identical cases. One walks free with legal status while the other faces deportation. The only difference? One could afford a $15,000 private attorney, while the other relied on an overworked public defender, struggling with translated documents and broken English. In a just society, wealth should not impact the legal outcomes of court cases, but in reality, that is often not the case. We know that those with more money can afford private lawyers, but how exactly does that give them an advantage in court?
A large advantage that comes with having a private lawyer is a smaller caseload. While public defenders are given cases by the state, Private lawyers can choose which cases they take on and therefore, have a lot less on their plate. This directly translates into being able to provide better attention to detail, craft more convincing cases, and plan an overall better defense. Although public defenders also can do the same, they often have to deal with a high volume of cases, which does not leave them much time to show the same attentiveness to each individual case. The National Association for Public Defense reports that public defenders often handle caseloads two to three times higher than recommended standards, with some carrying over 150 felony cases simultaneously, making it nearly impossible to provide the same attention to each case.
Beyond the matter of caseload, a private lawyer has more time and resources to handle a case, which is a stark contrast from public defenders, who often have fewer resources, often limited to what the state provides. A study conducted by Morris B Hoffman, a trial judge in Colorado, shows that “a defendant who chose to work with a public defender had a higher chance of not only going to jail but as well getting longer jail time” (KTENAS Law) which can be attributed to the resource difference between going public vs. private. None of this means that public defenders aren’t capable lawyers and that you will always lose if you go public, but rather, the caseload given to public defenders is just unrealistic and extremely hard to manage effectively.
None of this means that you will always lose your suit if you go public, but it does show that those who can afford to go with a private lawyer have an unfair advantage. The disparity between public and private becomes even greater when considering the specialized expertise that private attorneys can offer. Unlike public defenders who must handle everything from drug possession to murder cases, private lawyers can focus exclusively on specific areas of law, developing deep knowledge in fields like immigration, white-collar crime, or federal defense. Picking a public defender means you’ll get a lawyer that is good with nearly everything, but choosing a private defender means you’ll get a lawyer that is extremely specialized to deal with your particular situation.
Works Cited
KTENAS Law. “Private Lawyer vs. Public Defender: What’s the Difference?” KTENAS Law, www.ktenaslaw.com/lawyer-vs-public-defender/. Accessed 30 June 2025.
Rossen Law Firm. “What’s the Difference Between a Public Defender and a Private Attorney? Criminal Lawyer Explains.” Rossen Law Firm, www.rossenlawfirm.com/blog/whats-the-difference-between-a-public-defender-and-a-private-attorney-criminal-lawyer-explains/. Accessed 30 June 2025.
American Bar Association. “National Public Defense Standards.” American Bar Association, www.americanbar.org/groups/legal_aid_indigent_defense/indigent_defense_systems_improvement/natl-pub-def-standards/. Accessed 30 June 2025.
Goodman Law Group. “Public Defenders vs. Private Criminal Defense Attorneys.” Goodman Law Group, July 2024, www.goodmanlawgroup.com/blog/2024/july/public-defenders-vs-private-criminal-defense-att/. Accessed 30 June 2025.