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Conformance to Attorney Performance Standards: Advocacy Behavior in a Maximum Security Prison Hospital

NCJ Number
119525
Journal
Law and Human Behavior Volume: 13 Issue: 2 Dated: (June 1989) Pages: 217-230
Author(s)
N Leavitt; P Maykuth
Date Published
1989
Length
13 pages
Annotation
Legal representation of clients facing involuntary commitment to a maximum security hospital was investigated.
Abstract
Eighty-nine hearings over a 5-week period were observed immediately after the implementation of the Attorney Performance Standards which define minimum requirements for adequate representation. Ten participating attorneys reported their preparation of each case, and a measure of advocacy was derived. Generally, attorneys participated in all required activities that could be accomplished in a single preparatory visit to the hospital. The level of advocacy for clients facing civil commitment was compared to advocacy for clients facing criminal commitment. The results indicated that the level of advocacy for civil clients was significantly lower than for criminal clients. Results are discussed in terms of the degree of dangerousness of civil clients, the effects of deinstitutionalization, and emerging social policy. 22 references, 3 tables. (Author abstract modified)