A public defender is a legal professional who is responsible for defending and representing a person in a judicial process when he or she does not have sufficient financial resources to hire a private lawyer or when he or she has not chosen one for himself. The public defender is assigned by the Bar Association corresponding to the place where the trial is being processed, without the client being able to choose him. The public defender has the same obligations and rights as any other lawyer, except that he cannot resign from the case once accepted, except in the criminal order.

Free legal aid is a system that ensures the right of all people to have an effective judicial defense, regardless of their economic condition. To benefit from this service, you must meet certain income conditions, except in special situations such as victims of gender violence, terrorism, minors or the disabled. The public defender does not receive direct payment from the client, but rather obtains remuneration from the State for his work.

We will explain to you what a public defender is, how do you apply for it? What requirements must be fulfilled? And what are the advantages and disadvantages of accepting a court-appointed lawyer.

What are the functions of a public defender?

Some of the functions that a public defender has are the following:

• Analyze the situation and guide the client on possible legal solutions.
• Prepare and deliver the reports and documents required for the procedure.
• Accompany the client in interventions before courts and public entities.
• Protect the client’s rights in conversations and agreements outside of judicial channels.
• Challenge judicial decisions that are adverse to the client.
• Monitor compliance with sentences and execute agreed actions.

The public defender does not receive payment directly from the client, but rather receives state remuneration for his work.

How to request a public attorney?

If you need the assistance of a lawyer to defend your rights in a judicial process, but you do not have sufficient financial resources to hire one, you can request a public defender. That is why we explain how to request a court-appointed lawyer, who has the right to request one and how to do it.

To request a court-appointed lawyer, you must follow the following steps:

• Check that the requirements to request it are met. Conditions related to the lack of resources or belonging to a specific group must be met, in addition to litigating in one’s own right and presenting a defensible case.
• Request free legal assistance from the corresponding organizations. The request can be made, depending on the moment in which it is submitted:
• Before the court of the corresponding jurisdiction.
• Before the judge.
• At the Legal Guidance Service of the Bar Association closest to the applicant’s home. This service has the mission of providing detailed information on the requirements to obtain the services of a public defender.
• Present the necessary documentation. It is necessary to present documentation that proves identity, address, income and other documentation related to real estate charges and employment status or with respect to Social Security. Also, any other document related to the trial. For example, if it is a traffic accident, the driver’s license or insurance documentation.

Once the application is submitted, it will be evaluated and, if approved, the person requesting it will be notified. The service includes free defense and representation, meaning that a lawyer and a solicitor will be assigned, in this case when the intervention is legally required.

What advantages and disadvantages does a public defender have?

The main advantages of having a public defender are:

One way to access legal representation without having to spend money is to request a public defender. This service offers the following benefits:

• You avoid the costs of the lawyer and the judicial process, which facilitates access to justice for people with few financial means.
• You enjoy the right to defense and legal assistance in any judicial or administrative procedure in which it is necessary or convenient to have a lawyer.
• One of the many advantages of being represented by a court-appointed lawyer is that you receive the support of a competent and experienced professional who will defend the client’s interests and inform him or her about his or her legal alternatives.
• Other advantages do not have to pay lawyer fees or the costs of the judicial process, which represents a significant saving for people with limited financial resources.
• You guarantee the right to defense and legal assistance in any judicial or administrative procedure in which the intervention of a lawyer is mandatory or convenient.
• You have the support of a qualified and experienced professional who will look after the client’s interests and advise them on their legal options.

Main disadvantages of having a public attorney

Free legal aid is a right that people who cannot afford a lawyer’s fees have to defend their interests in a judicial process. However, this right also has some limitations that may affect the exercise of defense. Some of these limitations are:

• Not having the possibility of choosing the lawyer you want. But rather settling for the one assigned by the bar association, which can cause mistrust or lack of harmony between the client and the professional.
• Not having the option to change lawyers once assigned, unless there is a justified cause and with the prior permission of the bar association. Which may harm the continuity and quality of the service.
• Having to wait for the application to be processed and the lawyer to be appointed. Which may delay the start of the process or the adoption of urgent measures.

These drawbacks can cause some people to give up applying for free legal assistance or make them feel dissatisfied with the service received. Therefore, it is important to know well the requirements and conditions of this right, as well as the resources and alternatives available in case of disagreement.

We hope that this text has helped you to know the different requirements, advantages and disadvantages of having a public defender and to be able to decide which the best option according to your needs is.