Bridging the Gap Between Clients and Public Defenders: Introducing a Structured Shadow Method to Examine Attorney Communication

Bridging the Gap Between Clients and Public Defenders: 
Introducing a Structured Shadow Method to Examine Attorney Communication

Problem

The Problem Addressed: 

Public defenders face challenges in maintaining effective attorney-client communication, compounded by resource constraints and systemic barriers, leading to mistrust and dissatisfaction among clients.

Impact on System and Public: 

Poor communication can undermine the attorney-client relationship, reduce trust, and lead to less effective legal representation for indigent defendants, affecting broader criminal justice outcomes.

 

Research Questions:

  1. What factors define quality attorney-client communication?
  2. How can these factors be operationalized and measured?
  3. How do both attorneys and clients perceive the effectiveness of communication?

     

Method and Analysis

Program Evaluated/Gaps Addressed: 

Introduced a two-phase structured shadowing method to observe and assess attorney-client communication directly, addressing the lack of tools to conceptualize and measure this dynamic interaction.
 

Data and Sample Size: 

  • Phase I: Surveyed 13 public defenders (response rate: 54%).
  • Phase II: Observed 11 attorney-client meetings and surveyed 9 clients post-meeting.
     

Analysis Used:

Mixed-methods approach combining surveys, direct observations using a communication checklist, and client feedback to triangulate data and validate findings.
 

Outcome

Key Findings:

  • Effective communication includes trust-building, active listening, minimizing legal jargon, and fostering client involvement in case planning.
  • Attorneys emphasized the importance of frequent and meaningful communication, while clients valued being respected, listened to, and informed about their cases.
  • Observations revealed variations in communication quality, with areas for improvement including addressing clients’ short-term goals and involving them more actively in case planning.

     

Implications or Recommendations: 

  • Public defense agencies should institutionalize communication strategies like using checklists to ensure consistent quality.
  • Training programs for attorneys should include modules on client-centered communication.
  • Systemic challenges, such as high caseloads, must be documented and addressed to enable public defenders to prioritize communication quality.
  • The shadowing method provides a replicable framework for evaluating attorney-client interactions and identifying areas for systemic reform.
     

This study advances the understanding of attorney-client communication, offering actionable insights for researchers, practitioners, and policymakers aiming to enhance public defense quality.

 

Authors

Christopher M. Campbell, Portland State University
Kelsey S. Henderson, Portland State University
 

Tags

Courts / Adjudication

 

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