Testified on the impact of inadequate compensation for counsel

Testified on the impact of inadequate compensation for counsel

Neil Steinkamp, Managing Director at Stout, Transformative Change Consulting, testified on the impact of inadequate compensation for counsel in both criminal and family court 18-B assignments in New York. Mr. Steinkamp’s research and analyses found the inadequate compensation may discourage participation of attorneys, diminish the quality of representation for those utilizing state-provided counsel, and may ultimately result in less favorable outcomes for defendants that create unnecessary fiscal burden and social safety net costs.

Mr. Steinkamp explained that low hourly 18-B rates (which are significantly less than hourly costs to operate a small firm in New York City) and maximum payment caps may discourage experienced attorneys from participating in both criminal and family court and may deter lawyers who are burdened by student loans from participating in the system. Those who do participate may be incentivized to take on a large mass of cases and perform the minimal amount of work required to make ends meet financially. As such, assigned counsel attorneys many be unable or unwilling to give their cases the attention they deserve, which can lead to mishandling of cases, few attorneys participating in the assigned counsel system, and significantly worse outcomes for defendants, and increased social safety net costs that could have been avoided.