Basis

• The public defender role is rooted in the Sixth Amendment to the U.S. Constitution, which guarantees every criminal defendant a right to counsel.
  
  

Duties

• Both public defenders and private attorneys represent clients at hearings and trials, prepare paperwork on their clients' behalf, and offer binding legal advice.
  
  

Clients

• Only persons who officially qualify for indigent status may retain a public defender. Anyone may retain a private attorney.
  
  

Qualifications

• Both public defenders and private attorneys must be licensed to practice law by their individual states. Once licensed, they are equally qualified.
  
  

Scope of Practice

• Generally, public defenders are limited to the practice of criminal law. Private attorneys may handle criminal matters as well as civil litigation, property issues, family law matters and estate planning.