Juveniles in delinquency actions, the rough equivalent of adult criminal charges, follow close behind. Unlike other case types, where instances of inadequate representation are considered to be unacceptably high but certainly not the norm, clients with legal matters of these types are viewed as facing an unreasonable likelihood of receiving poor representation. Observers noted that the attorneys providing services are often the least experienced and appear not to receive enough training or support to cope with their ever enlarging caseloads. Inadequately trained, inexperienced attorneys struggling to cope with caseloads that continue to grow in size are the reported causes of inadequate representation, universally linked to the system's failure to adequately fund defense services. In many instances, those surveyed observed that more experienced attorneys are unwilling to handle fast track, high volume dockets that do not allow or encourage good trial practice.
Sex offenses present their own set of problems.
The cases are always challenging, presenting difficult pre-trial and trial issues. Unlike most other case types, the factual backgrounds are often extremely complicated, involving numerous interactions and connections between prospective witnesses. Competent investigation often requires not only interviewing witnesses over many hours but also obtaining records relating to various medical, school and family issues. Counsel can expect vigorous resistance from many sources, not the least of which can be the prosecutor's office. The work load associated with developing a case to the point that a competent decision can be made about whether or not to take a case to trial is far greater than that associated with any other case type, save homicides.