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Choosing a Lawyer

Do's and Don'ts

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.

 

 

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