NATIONAL BUREAU OF ECONOMIC RESEARCH
NATIONAL BUREAU OF ECONOMIC RESEARCH
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Amanda Y. Agan

Department of Economics
Rutgers University
75 Hamilton Street
New Brunswick, NJ 08901
Tel: 848/932-8616

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NBER Program Affiliations: LS
NBER Affiliation: Faculty Research Fellow

NBER Working Papers and Publications

May 2018Is Your Lawyer a Lemon? Incentives and Selection in the Public Provision of Criminal Defense
with Matthew Freedman, Emily Owens: w24579
Governments in the U.S. must offer free legal services to low-income people accused of crimes. These services are frequently provided by assigned counsel, who handle cases for indigent defendants on a contract basis. Court-assigned attorneys generally garner worse case outcomes than privately retained attorneys. Using detailed court records from one large jurisdiction in Texas, we find that the disparities in outcomes are primarily attributable to case characteristics and within-attorney differences across cases in which they are assigned versus retained. The selection of low-quality lawyers into assigned counsel and endogenous matching in the private market contribute less to the disparities.
 
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