Copyright (c) 2022 Anuario de Derecho
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Many lawyers that dedicate themselves to litigation; grew under the assumption that it´s easier to have a legal process when the person sued is represented by a public defender. However, time and vivid experiences have made us understand that it does not always work like that. Also, by having specific circumstances, these processes could become a headache if we do not take some precautions necessary to counteract the difficulties that may arise from a lack of foresight.
Although a public defender represents the defendant, they do not possess the same powers and advantages that have a private representation; because they are not going to obtain the information and needed proves for a successful defense. That’s why the law grants them some benefits; that is in favor of them and operates against the one who demands and must be present if they don’t want to get a big surprise at the end of a process.
This can be the reason why many processes can get lost, not much because of the public defender, but because of the lack of foresight that has the plaintiff´s legal representative. This document seeks to draw attention to the need for care that the lawyer must maintain when under these situations.