Hiring a Criminal Lawyer
Considerations in hiring a lawyer
What to look for in a Criminal Defense Lawyer
Interviewing Criminal Defense Lawyers
Before you can even get to the point where you are choosing from different lawyers you have met, you have to have actually met with and interviewed more than one lawyer. Many potential clients feel uncomfortable or even intimidated when speaking to a lawyer about a case. You need to realize, however, that you are the one doing the interviewing. You are entitled to ask questions of the lawyer. Beware of lawyers who make you feel intimidated. They should be intimidated of you. If you are not satisfied with them, YOU will take your business elsewhere. There are standard questions that people are often told to ask lawyers, but you are essentially at the mercy of the lawyer for most of them. In most cases you are essentially going to simply have to take the lawyer's word for the answer.
For example, the lawyer who tells you how wonderful he/she is as a trial lawyer is something you will have to take his/her word for unless you have seen her on trial. When you ask whether or not the lawyer does mostly criminal defense, you will likely be simply stuck with his/her answer. When he/she says "yes" how will you know if the opposite is the truth?
Asking a lawyer about his/her "record" is also an unproductive exercise. Asking a lawyer about his/her "record" is like asking someone to talk about his/her dreams. They can't resist exaggerating. Lawyers will tell themselves and others all kinds of things that make them think they have incredible records. It seems that nobody ever loses cases.
Instead of inviting the potential lawyer to spin exaggerated tales of his own brilliance try simply asking for explanations of the pros and cons of your case or your type of case, the likely progress of your case, and an explanation for all the terminology you don't understand.
An ability to talk to you in detail and in a manner you will understand is something you should appreciate. If he/she can make you at ease and make you understand a complex situation, then he/she just might be able to make the same sense to a jury about your case.
Is the lawyer willing to talk to you in detail and answer all your questions or is the lawyer "too busy" to talk long before being retained? Does the lawyer try to pressure you to retain him/her immediately or does he seem confident enough to let you walk out without fast talking some reason to get him/her on the case immediately?
Does the lawyer seem like someone you feel comfortable talking to? If you hire him/her you will need to be able to share your thoughts with him/her without the slightest hesitation.
One way to get at a lawyer's experience with criminal defense without asking the direct question is to ask the lawyer what led him/her to choose to be a criminal defense lawyer. This will force the lawyer to relate experiences about his/her early legal career that will likely reveal much about who you are dealing with and what motivates him/her.
LAWYERS TO AVOID
Some lawyers use common tactics to bully, frighten, or impress potential clients into retaining their services. Many of them are variations on the same theme. A person searching for a lawyer should take is to be extremely careful to avoid hearing only what you want to hear. People who are arrested and their families are often desperate to be told that all will be easy, and fast.
Actually, things will not be so easy or so fast. Many people seem to believe that they need cheerleaders instead of lawyers. If you interview a number of lawyers, the lawyer who predicts the nicest result is not necessarily the "best" lawyer. One of the hardest things I think a prospective client must do is resist the enormous temptation to hear only what he wants to hear.
Avoid Lawyers who promise particular results - The lawyer who promises a particular result in a criminal case is either a liar or a fool. You will not be served well by either one. No lawyer can promise a particular result in a criminal case. Lawyers can promise to do their best. Lawyers can believe in the quality of a case. Lawyers can believe they will probably be able to get a particular result. But a competent lawyer will never guarantee a particular result. Not being willing to guarantee a result is not a sign of weakness, it is a sign of experience and wisdom. A competent lawyer will never guarantee a particular result.
Avoid Dramatic Claims about Quick Dismissal - Be especially careful when someone tells you that he/she thinks he/she can get the case dismissed or the case should be dismissed or he can't believe the case isn't dismissed already. Cases do get dismissed, but far less often than not.
Lawyers who have connections - Some lawyers may suggest or quietly leave the impression with potential clients that they have some special connection that permits them to get dramatic results. Being a familiar face, knowing the people involved, and having local knowledge of how the system operates are important to consider when hiring a lawyer. But the lawyer who suggests that his local knowledge extends to some extra power of "persuasion" is behaving disgracefully at best. Find a lawyer who will stand on his/her own abilities and not on his/her connections.
Who is Really Your Lawyer?
In selecting your lawyer, make sure you are getting who you pay for. Sometimes defendants meet with a named partner in a law-firm who impresses them with his qualifications and experience. Once hired, this impressive and experienced person never seems to be able to make it to court. Regardless of the lawyer you choose, at least make sure you know who you are really hiring.
Aggressive Lawyers - A common description of lawyers is "aggressive". Be aware that aggressive usually means incredibly obnoxious and counter-productive for the client. Avoid the temptation to attempt to find a lawyer based on the popular media image of what a "good" criminal defense lawyer should be. Aggressiveness is great when in its proper context. But lawyers who do a lot of shouting and screaming on the record in court are usually behaving in ways that come back to haunt their clients.
What does a criminal lawyer charge?
Most criminal defense lawyers charge flat fees. Most lawyers require a retainer fee that will cover the cost of getting the lawyer in the case and the initial stages of representation. Additional fees may include fees to cover the middle stages of cases and there will usually be a separate trial fee. The trial fee may often be substantial. Trial fees tend to be larger because of the intensive work involved in preparing for trial and the non-stop commitment of being on trial for a lengthy period of time.
A variety of options exist to make it possible for people to retain counsel. Many lawyers will not require the entire fee for the case through trial up front. Usually, a lawyer will take on a case in which the additional fees are due only when the subsequent stages begin. For example, it may be as many as three months before a felony case reaches the stage where motions must be filed. A trial may be a year or more off. Therefore, the full amount of the lawyer's fee is usually not something that will be due up front. Most criminal defense lawyers will require the retainer fee in full up front, however.
These days, most lawyers can accept major credit cards for all or a portion of the retainer and subsequent fees.
Lawyer fees DO NOT usually include investigator fees, expert witness fees, transcript fees, or any other fees related to the case. Lawyer fees usually are only the cost of the lawyer's services.
What kind of information does my lawyer need to assess my case?
- The date and time of arrest
- The date of the arraignment
- The name and telephone number of the lawyer who represented you at arraignment
- The amount of bail or bond
- The next court date
- The name of the courtroom for the next court date
- The docket number of the case
- Whether or not you made statements to the police
- Whether or not you were in a lineup
- Whether or not any physical property were recovered from your person, your automobile, your office, or your residence at or near the time of your arrest
Please contact our offices for additional information.
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