The Prioritization of Criminal Over Civil Counsel and the Discounted Danger of Private Power

48 Pages Posted: 27 Aug 2016

See all articles by Kathryn A. Sabbeth

Kathryn A. Sabbeth

University of North Carolina at Chapel Hill - School of Law

Date Written: December 1, 2015

Abstract

This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Second, this Article argues that the prioritization of criminal defense counsel over civil counsel reflects a mistaken view of lawyers’ primary role as a shield against government power. Lawyers also serve a vital role in checking the power of private actors. As private actors increasingly take over public functions, their ubiquity in civic life and power over the lives of individuals grows, and the need to check that power deserves increased attention.

Keywords: right to counsel, civil gideon, legal profession, collateral consequences, economic power, private power

JEL Classification: D61, D63, D74, D82, K41, K42

Suggested Citation

Sabbeth, Kathryn Anne, The Prioritization of Criminal Over Civil Counsel and the Discounted Danger of Private Power (December 1, 2015). Available at SSRN: https://ssrn.com/abstract=2828720 or http://dx.doi.org/10.2139/ssrn.2828720

Kathryn Anne Sabbeth (Contact Author)

University of North Carolina at Chapel Hill - School of Law ( email )

102 Ridge Road
Chapel Hill, NC 27514
United States

HOME PAGE: http://www.law.unc.edu/faculty/directory/sabbethkathryna/

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