CLIENT ABILITIES TO ASSIST COUNSEL AND MAKE DECISIONS IN CRIMINAL-CASES - FINDINGS FROM 3 STUDIES

Three studies of attorney-client decision making were conducted in a p ublic defender office. In studies 1 and 2 a structured interview was u sed to debrief attorneys regarding clients' participation in their cas es. Study 1 examined a sample of 200 felony and misdemeanor cases sele cted prospectively and resolved by any means (92.5% by plea); study 2 examined 200 felony and misdemeanor cases resolved by trial. Study 3 i nvolved debriefing both attorneys and clients regarding perceptions of client participation in 35 recently closed felony cases. Attorneys do ubted the competence of 8%-15% of clients charged with felonies and 3% -8% of clients charged with misdemeanors. In cases involving clients o f doubted competence, attorneys often responded by means other than re ferral to mental health professionals for competence evaluations. As c ompared with clients whose competence was presumed, attorneys tended t o view clients whose competence was doubted as less helpful and as les s actively involved in their cases, but as actively involved in making key decisions. Defendants' perceptions appeared to be roughly consist ent with attorneys' perceptions, allaying concerns that attorneys' rep orts may be distorted in order to conform to expected norms.