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What if the assigned attorney has no previous experience in the type of case he or she is assigned for pro bono?

What if the assigned attorney has no previous experience in the type of case he or she is assigned for pro bono?

The Supreme Court addressed this issue in Madden v. Delran, 126 N.J. at 607-08. It recognized that frequently attorneys who have no experience in the substantive area of the law involved in the pro bono case will be called upon. As the Court said: “Real estate attorneys, corporate counsel, experts in commercial leases, all have been assigned to represent indigent defendants charged with simple assault, driving while intoxicated; all were required not only to learn how to defend those cases but to find out where the courthouse is.” 126 N.J. at 607. If, however, the trial judge is convinced that the assigned counsel will provide ineffective assistance of counsel, the judge should direct the assigned counsel to obtain a substitute. 126 N.J. at 608.