DO choose a lawyer with
extensive trial experience.
Whether your case is headed for trial
or a plea, you need a lawyer who knows how to try a case and a
lawyer that the D.A. knows will try a case if he needs to. Only a
lawyer who has successfully tried many cases like yours knows what
the strengths and weaknesses of your case are. Only a successful
trial lawyer has the credibility to negotiate the "best" deal for
you.
DO recognize the value of a
successful defense.
While $3,500 to $10,000 may at first
seem like a lot, it is a paltry sum if it avoids a criminal
conviction or a lengthy incarceration. Being branded with a criminal
conviction will severely limit future employment possibilities.
Employers don't like workers who have been branded "criminals". Even
if you feel secure in your job, recognize that rapid shifts in the
economy can lead to "downsizing" in even the best companies or
industries.
DO be wary of the lawyer that
practices in many areas.
Lawyers who do divorces one day,
bankruptcies the next and criminal matters on yet a third, may not
have the time or experience to make the substantial commitment that
specializing requires.
DO ask your family lawyer for
his or her suggestion.
When asked, most family lawyers will
gladly give you their advice as to whom you should retain. They
recognize that they stand a better chance of keeping you as a client
if they make a referral to a specialist that is an expert in this
field.
DO avoid lawyers who "puff"
about how they'll "guarantee" a result.
If a lawyer promises you a result
(especially before he knows you or your case), run - don't walk - in
the opposite direction.
Law is complex. Every case is
different. There are no easy answers and no guarantees. Any lawyer
who promises a particular result in a criminal case is either a liar
or a fool.
DO be skeptical of any claim
that a lawyer is "connected"
Most lawyers in criminal practice
were either prosecutors or public defenders at some point in their
careers. Both make good defense lawyers for different reasons.
Beware, however, the practice of some
former prosecutors who claim the "inside track" with a DA's office.
Such claims are nonsense!
Likewise, although a lawyer should
know the local DA's or have contacts with people who do, any claim
to special position due to special personal contacts is very likely
false.
If these "connected" lawyers claims
were true, then the District Attorney's Office would be routinely
dismissing cases simply due to a person hiring a politically
connected lawyer. This just doesn't happen.
DO research credentials.
Has the lawyer you're considering
authored any works? Has he or she lectured on criminal law topics?
Has he or she taken any special courses? Recognize that regardless
of what the lawyer tells you about the number of cases that he or
she handles, writing and lecturing subjects the lawyer to review by
his or her peers. In a word, lawyers who lack the necessary
knowledge or skills are not asked to write and lecture.
DO hire a lawyer who takes
the time to explain your rights to you.
Do you understand the lawyer?
Lawyers are communication experts. If
s/he does not talk to you on a level that you can understand, select
another lawyer. If need be, tell the lawyer you do not understand
and make him/her explain it again or on a level you can understand.
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DON'T just shop for price.
While I recognize that what you can
afford is a legitimate consideration, it should not be your only
consideration. Frequently a price that is "too good to be true" is
just that. In criminal law, perhaps more than any other area of law,
the old adage "you get what you paid for," rings true.
In short, fees should not be the only
basis for choosing a lawyer. Attitude, experience, compassion and
skill are all very important. The lowest priced lawyer is not
necessarily the best.
Often criminal defense lawyers will
quote you a flat, non refundable fee for legal work on your case.
These flat fees are based upon more than a mere estimate of hours to
be spent on a case. You are also paying for experience and skill and
because the attorney is setting aside time for your case, possibly
losing other business. Criminal attorneys base their fee on the
difficulty of your case, the time that will be involved for the
attorney and/or staff, research time for your case, etc. Remember,
time spent in court is only a small part of the time involved in
being ready for a case. Hours, sometimes days, can be spent in the
law library preparing for a five minute appearance before the judge.
If trial is a real possibility in your matter, expect a large fee.
DON'T think that all lawyers
are created equal.
The 90's have seen the practice of
law, like medicine in the '60's, as becoming increasingly
specialized. The lawyer who did your divorce or house closing or
grandfather's estate may have been fine for that purpose but you
cannot expect him or her to have kept abreast of the drastic changes
in criminal law.
DON'T be afraid to discuss
fees.
Before hiring a lawyer, you have a
right to know what it is going to cost. I will tell you at your
first meeting exactly what my fee will be. Further, I guarantee that
fee, in writing.
DON'T hire a lawyer that
won't answer your questions or can't explain your options to you in
terms you understand.
Remember, you must trust your lawyer.
If you do not, don't retain him or her. Seek another opinion. Are
you talked down to? Are your questions answered? Do your telephone
calls get returned? Does your lawyer spend time with you if you ask
to see him or her? Do you know what is going on with your case? Your
lawyer is a communication expert and can surely answer any question
you have on a moment's notice. Above all, if you get that bad
feeling in your gut, see another lawyer before you sign the retainer
agreement.
To sum up, seek
assistance of counsel in your matter.
Your future, your rights, and very
possibly your liberty are at stake. There are attorneys who will do
their best on your matter, and of course others. Be smart, hire a
good lawyer. Get representation.
Remember, the Government hopes that
you will not have a lawyer.
For a
free consultation and a valuable insight about your case,
call me at (303) 484-8229 |