Final answer:
Legal representation and the right to an attorney are entrenched in the Sixth Amendment, with cases such as Glasser v. United States upholding the necessity for conflict-free counsel. Public defenders were established to provide legal aid to those who cannot afford it, and attorneys can indeed be paid by a third party as long as it avoids conflicts of interest.
Step-by-step explanation:
In the context of legal representation, it is a fundamental principle that defendants have the right to an attorney, as protected by the Sixth Amendment. One landmark case exemplifying such a right is Glasser v. United States, where the Supreme Court ruled that a defense lawyer's conflict of interest from representing codefendants can violate the Assistance of Counsel Clause. This underscores the need for the accused to have dedicated, conflict-free legal counsel.
Initially, individuals had the right to hire and pay for their own legal representation. However, cases like the infamous Scottsboro Boys' trials highlighted the dire need for the provision of public defenders for those unable to afford a lawyer. This need led to a broader interpretation where all defendants facing potential jail time could have access to a defense attorney, often in the form of a public defender.
When it comes to payment, it is entirely possible for an attorney to be funded by a third party. This could be a family member, a friend, or an interested organization, but there are restrictions designed to protect client-attorney privilege and to ensure that the attorney's focus is solely on the best interest of the client, free of any conflict of interest.