Legal Question in Criminal Law in California

Re: ethical code of public defender

Defendants often ask their lawyers to do things which would be improper. Usually this happens simply because the client doesn't know the law (e.g., when a convicted client asks his attorney to seek probation even though probation is not among the available sentencing options). In such situations the lawyer must reject the client's instructions.

Sometimes the client insists that the lawyer do something which the rules allow but which the lawyer considers unwise. Such strategic decisions are usually the lawyer's to make even if the client disagrees.

Clients sometimes ask their lawyers to do things the clients know are improper. Lawyers must reject such instructions.

Another recurring theme where public defenders are involved is that the attorneys have very heavy workloads and can only give each case so many hours. The PDs try to devote the time they have to tasks which will maximize the client's chances at trial or improve the odds that the court will be lenient at the time of sentencing. Generally these decisions are also for the attorney to make. (Such situations also arise with retained lawyers, though less often. Retained lawyers usually have more time to devote to a case, and the clients paying for their time have an incentive not to make the lawyer work too many costly hours.)