Define: Assigned Counsel

Assigned counsel refers to the legal representation provided to individuals who cannot afford to hire their own attorney. It is typically appointed by the court to ensure that everyone has access to legal representation, regardless of their financial situation.

Assigned counsel and public defenders both provide legal representation to individuals who cannot afford an attorney. However, public defenders are employed by the government and work exclusively in the public defender’s office, while assigned counsel can be private attorneys who are appointed on a case-by-case basis.

Assigned counsel is typically appointed by the court. The court may maintain a list of qualified attorneys who are available for appointment, and they may rotate the appointments among the attorneys on the list.

In most cases, individuals do not have the option to choose their assigned counsel. The court appoints an attorney based on availability and qualifications. However, if there is a conflict of interest or a valid reason to request a different attorney, you may be able to make a request to the court.

The cost of assigned counsel varies depending on the jurisdiction and the individual’s financial situation. In some cases, individuals may be required to pay a portion of the attorney’s fees based on their ability to pay. However, assigned counsel is generally provided at a reduced rate or free of charge for those who cannot afford to pay.

Assigned counsel can be appointed for various types of cases, including criminal cases, juvenile cases, and certain civil cases where the individual’s rights are at stake. The specific criteria for appointment may vary depending on the jurisdiction.

If you are not satisfied with your assigned counsel, you may be able to request a different attorney. However, you will generally need to provide a valid reason for the request, such as a conflict of interest or a breakdown in communication. The court will evaluate the request and determine whether a new attorney should be appointed.

No, assigned counsel cannot guarantee a specific outcome in your case. Their role is to provide you with legal representation and advocate for your rights to the best of their abilities. The outcome of your case will depend on various factors, including the evidence, the judge’s decision, and the strength of your defence.

If you have been assigned counsel, you generally have the right to hire your own attorney if you can afford to do so. However, it is important to consult with your assigned counsel and consider the financial implications before making a decision.

The criteria for qualifying for assigned counsel vary depending on the jurisdiction and the type of case. Generally, individuals must demonstrate that they cannot afford to hire their own attorney and meet certain income and asset thresholds. The court will assess your financial situation and determine whether you qualify for assigned counsel.