Reference no: EM131421471

In the American legal system, a person charged with a crime must pay his/her own legal defense fees even if he/she is found “not guilty” at trial – this could cost tens or hundreds of thousands of dollars; however, if the person charged with a crime is unable to afford an attorney, the 6th Amendment of the U.S. Constitution requires the court to appoint one free of charge to represent the defendant. The court-appointed attorney is sometimes referred to as a “public defender”.

The legal system treats defendants in civil cases differently. Civil cases are those cases where a defendant cannot be sentenced to jail but can only he held liable for the payment of money to the plaintiff. In civil cases, the plaintiff and defendant are each required to pay for his/her own attorney's fees - there are no free, court-appointed attorneys assigned to defendants in civil cases even if the defendant cannot afford a lawyer. If you cannot afford a lawyer, then you have to represent yourself. NYS, however, makes an exception to this in some Family Court cases such as those involving child support, visitation and custody – these are civil cases but a court-appointed attorney is assigned free of charge to represent persons unable to afford a lawyer to handle their case.

In Plattsburgh, an attorney handling a civil case is likely to charge anywhere from $185 to $375 per hour – it is probably even more expensive in bigger cities. A small and brief civil lawsuit might cost each party upwards of $10,000 in attorney's fees. It doesn't matter who wins the civil lawsuit, the winner must pay for his/her attorney and the loser must pay for his/her attorney.

In your opinion, should the American legal system change its policy on the payment of legal fees OR is this policy fair as it now exists? Please explain your answer and if you feel that's a better way, please describe how it would work and why its's better.