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Criminal Procedure

Faculty Articles and Other Publications

Communication

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Full-Text Articles in Law

Attorney-Client Communication In Public Defense: A Qualitative Examination, Janet Moore, Vicki L. Plano Clark, Lori A. Foote, Jacinda K. Dariotis Jan 2019

Attorney-Client Communication In Public Defense: A Qualitative Examination, Janet Moore, Vicki L. Plano Clark, Lori A. Foote, Jacinda K. Dariotis

Faculty Articles and Other Publications

This article presents a qualitative research approach to exploring attorney-client communication in an urban public defense system. The study drew upon procedural justice theory [PJT], which emphasizes relationships between satisfaction with system procedures and compliance with system demands. Interpretive analysis of interview data from 22 public defense clients revealed four major themes. PJT accounted well for three themes of communication time, type, and content, highlighting relationships between prompt, iterative, complete communication and client satisfaction. The fourth theme involved clients exercising agency, often due to dissatisfaction with attorney communication. This theme was better accommodated by legal consciousness theory, which emphasizes that …


Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, Andrew L. Davies Apr 2018

Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, Andrew L. Davies

Faculty Articles and Other Publications

Empirical research on public defense is a new and rapidly growing field in which the quality of attorney-client communication is emerging as a top priority. For decades, law has lagged behind medicine and other professions in the empirical study of effective communication. The few studies of attorney-client communication focus mainly on civil cases. They also tend to rely on role-playing by non-lawyers or on post hoc inquiries about past experiences. Direct observation by researchers of real-time defendant-defender communication offers advantages over those approaches, but injecting researchers into the attorney-client dyad is in tension with legal and ethical precepts that protect …