>>"Obviously most of us would think that the lawyer should just do what's in the best interest of the client in the view of the lawyer."
I doubt the lawyer has his client's interests in mind all the time: A new trial with more money coming up, media exposure, "25 years is jail isn't that bad, could've been life," "if we wrap it up by Tuesday, I can still make for Jeff's birthday party" etc etc. Lawyers are human and representing clients is a business. The most important period in your life is just another trial to him.
Bottom line: Unless the lawyer is willing to do his client's time, he should be overruled by the person that really stands to lose, the client.
It's not like he's gonna send you a certified letter stating those things. Especially public defenders that have another 100 cases having to attend to...it's math, x total hours a week and lots clients mean accept that freaking plea. Or lawyers that just found out that they will not get paid properly.
You don't need a certified letter to file a bar complaint. Or even to get yet another lawyer and succeed in a malpractice suit, though the latter (unlike the former) may require some money up front.
Let's rate representation from 0-100, with 0 or a negative being a drunk lawyer, sleeping through the trial, and 100 being the dream team, 10+ lawyers with unlimited funds.
What if your lawyer rates a 15 (scale 0-100) and simply says that that's what I really believed, given the evidence and resources avail ? Who is going to disbar /blame him when he recounts the challenges he faced?
I mean, any lawyer less than 70 WILL be disbarred in nearly any city larger than 1,000. Yeah, there are speed trap towns in Nevada and Alabama where this isn't happening. But 99.99% of Americans have at least a C- worth of representation.
PDs are overworked, true, but they do care deeply about the people and the job. It's not too hard to go get a much easier position with a JD. Most, if not all, PDs are there because they care (the loan forgiveness helps, but is not really worth it)
I doubt the lawyer has his client's interests in mind all the time: A new trial with more money coming up, media exposure, "25 years is jail isn't that bad, could've been life," "if we wrap it up by Tuesday, I can still make for Jeff's birthday party" etc etc. Lawyers are human and representing clients is a business. The most important period in your life is just another trial to him.
Bottom line: Unless the lawyer is willing to do his client's time, he should be overruled by the person that really stands to lose, the client.