[lbo-talk] jury duty

Michael Hoover hooverm at scc-fl.edu
Fri May 19 09:56:10 PDT 2006



>>> cbrown at michiganlegal.org 05/19/06 7:42 AM >>>
Michael Hoover no doubt, heavy caseloads borne by public defenders create problems for low-income criminal defendants, however, representation in such cases is better than for the poor in civil cases... Mh ^^^^^ CB: When you say the representation of the poor in criminal cases is better than for the poor in civil cases, I resemble that remark.:>) Is that based on research ? What are the caseloads of the civil law attorneys for the poor ? How exactly does an attorney prevent an eviction for non-payment of rent if the client doesn't have any money for rent , or their heat back on for back bills if they don't have any money etc. ? :>) By and large , civil cases are about money, and people without much money are going to lose most of them. <<<<<>>>>>

poor phrasing, perhaps, on my part, comment was not intended to slight likes of folks such as yourself...

i was alluding (or attempting to do so) to disadvantages accruing to low-income people in civil procedings...you're, no doubt, more familiar than i - a non-lawyer - with references to civil courts as courts of the *haves*...

research i've seen indicates that poor find it harder to receive counsel in civil than in criminal cases because of money matter that you mention, result is they do not have the same level of access to counsel in civil cases as they do in criminal ones...

moreover, they may not understand that they have a cause of action against a powerful party, hence, they may not pursue a valid claim (in contrast, more affluent are more likely to seek legal recourse) *and* they are more likely to sense that pursuit of a civil claim will be unsuccessful when they do perceive that they have a legitimate claim...

on the other hand, despite well-known problems associated with public defenders, studies indicate that when they go to trial they are about as likely to win a case and are as disposed to make motions and raise challenges to prospective jurors as are their generally more experienced counterparts in the d.a.'s office... mh

Please Note: Due to Florida's very broad public records law, most written communications to or from College employees regarding College business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure.



More information about the lbo-talk mailing list