When you or someone you know are charged with a crime, selecting the right lawyer for the case can be the hardest part of the whole ordeal. Issues of ability, price, and experience are all important. Equally important, however, is the relationship and attitude of the lawyer and his or her staff. "A lawyer is like a good pair of hiking boots: when the fit is wrong it is a long, rocky road to walk; if the fit is right it isn't quite as hard.
Get a criminal defense attorney, not just any attorney you or a friend knows. Criminal defense attorneys who concentrate their practice on criminal defense often know the prosecutors involved, can get concessions that other attorneys miss, have probably handled cases similar to yours and can better advise you of your options. Check out their web site and if they list many areas of practice they probably don't specialize in criminal defense.
Ask friends if they know (or have experience with) a criminal defense attorney. This is not the time to hire your 3rd cousin who once won a speeding ticket case for your uncle. If you are charged with a crime that can cause you to have a criminal record, you need someone who knows exactly what he or she is doing.
Find out what legal organizations the lawyer belongs to. At the very least, he should belong to the County and State Bar Associations. If he belongs to the National Association of Criminal Defense Lawyers (NACDL), his State Association of Criminal Defense Lawyers, or to the ABA's Criminal Justice Section, that is a good indication he has more than a passing interest in criminal defense.
Get a criminal defense attorney who concentrates his practice in the area of defense that you need. Many criminal defense attorneys not only handle routine criminal defense cases but some concentrate in a particular area of defense. Some focus on rape defense, violent crime defense, or other areas of specialty. No defenses areas absolutely require a lawyer who concentrates in the area, and in many areas there are so few lawyers that getting one that concentrates on a specific crime is impossible. Get a lawyer who is willing to put in sufficient time to learn about your case and your defense and you will do fine.
Public defenders are generally reserved for people who cannot afford private attorneys. However, public defenders have very little time and resources to work on your case and result in less justice, according to research done by the Justice Policy Institute*. Many public defenders try to juggle over two hundred cases or more. That is way over the maximum number of cases recommended by the American Bar Association, which recommends that any attorney should not handle over one hundred cases. Public defenders usually handle over 300 cases in Los Angeles County, California. Public defenders may be very passionate about their jobs and have the best intentions. However, they may be overwhelmed by the sheer number of cases and jeopardize their client's constitutional right to effective representation in criminal court.
Determine what kind of qualities are important to you. Do you want someone young and who is willing to make up for a lack of experience through hard work, or someone with well-established credentials? Does your case require someone who has special knowledge of a certain area of criminal law (like tax law or SEC investigations), or will any criminal lawyer be sufficient?
Determine if he has ever held an office in any of the organizations of which he is a member. Bar association activities are good indications of how the lawyer's colleagues feel about him.
Find out if he has earned a Martindale-Hubbell rating. "AV" is the highest ability/highest ethics rating based on the opinions of lawyers and judges who know him. "BV" and "CV" rated lawyers are good too. Note: very few criminal defense lawyers are rated by Martindale-Hubbell and many of the best criminal defense attorneys do not participate in Martindale-Hubbell's directory and rating system.
Don't be fooled by advertising slogans, such as "former deputy district attorney" or "aggressive trial lawyer." Meet the lawyer and decide if you have confidence in his or her skills and feel comfortable with their analysis of your case.
Inquire if the attorney you are interviewing has ever taught at a law school (or CLE program) or published a legal article. Teaching and publishing takes research, field work, dedication, as well as commitment to good practice policies. It also is a good way to determine your lawyer's standing in the legal community.
Discuss the facts of your case. At this point, attorneys should be able to discuss how he will proceed and what he will do. You should discuss law office communications and what ancillary services he thinks you will need (e.g. psychotherapy, private investigation, etc).
Remember there is no official list of the best lawyers. There is no official "win/loss" rate. Be very suspicious of attorneys who claim to "specialize" in a certain type of case, unless that lawyer is a State Bar Certified Specialist. When they are Certified Criminal Law Specialist they do hold a unique position. There are very few who have the qualifications and even less that can pass the Board Reviews, Tests and Peer Evaluations.
A good idea is to go directly to the State Bar Web Site and search under Certified Criminal Law Specialist in your County. These lawyers are for the most part the very best of the best. Also, the State bar is not a private business like Martindale Hubble, so they are not in the business of certifying people for money or promotional purposes.
A lawyer may concentrate in an area but may not claim to be a specialist unless an outside agency certified to make the designation so awards him with that designation.
Attorneys have a number of ways of charging for their work. These include flat fees, hourly rates, and fees for specific parts of the case.
Ask who will work on your case if you hire this attorney, and what their experience level is. Ask what rates they bill at. What percentage of work will these other people be doing, and what percentage of time will your attorney be dedicating to your case? Now is also a good time to find out what would happen to your case if your attorney became ill or unexpectedly became unavailable.
Hourly rates are most consumer-friendly, but are the least predictable.
Flat fees are the most predictable, but can hurt the client in cases that are complicated. Many attorneys will offer some hybrid fee agreement that offers a refundable minimum retainer but then goes up as the case goes past that amount.
Contingency fee arrangements (fees based on the attorney achieving certain results) are unethical for criminal defense attorneys.
You should determine if the lawyer you want to hire has made many court appearances in the jurisdiction where your case is being heard. Some lawyers have good reputations in various courts and it can be advantageous to be represented by a lawyer who commands a great deal of respect from the court in which your case is being heard. By the same token, some lawyers who make frequent appearances in some courts do not garner much respect from the court.
Many public defenders are frequently dedicated beyond the call of duty. Many public defenders are among the hardest-working attorneys you will ever meet.
Be extremely suspicious of any attorney who guarantees you a specific result in a criminal case before making a court appearance and before reviewing all the documents and evidence.
The more information you can offer a criminal defense lawyer at your initial consultation, the more accurately the lawyer can offer to represent you at a realistic fee. People who pay the most money for lawyers are people who don't know what crimes they are charged with, their court date, or other vital details. Have your court date, charges, court location, bail amount, and contact information for your bondsman (if applicable) when you call the lawyer.
Many courts have on-line records systems for this information if you do not have paperwork
Doing a thorough interview and background search on your attorney is the only way to be sure you are getting what you are paying for. Remember that you can often save money by entrusting your case to a newer attorney. Young attorneys are very capable to handle misdemeanor cases and traffic cases. Felony cases and federal cases should be handled by attorneys with at least five years of criminal practice under their belts.
Be wary of attorneys who want a large amount of money up front to handle a case only through initial proceedings and not through jury trial. The lawyer should be honest about the likely outcomes of your case and should never make promises about guaranteed outcomes.
Get a criminal defense attorney, not just any attorney you or a friend knows. Criminal defense attorneys who concentrate their practice on criminal defense often know the prosecutors involved, can get concessions that other attorneys miss, have probably handled cases similar to yours and can better advise you of your options. Check out their web site and if they list many areas of practice they probably don't specialize in criminal defense.
Ask friends if they know (or have experience with) a criminal defense attorney. This is not the time to hire your 3rd cousin who once won a speeding ticket case for your uncle. If you are charged with a crime that can cause you to have a criminal record, you need someone who knows exactly what he or she is doing.
Find out what legal organizations the lawyer belongs to. At the very least, he should belong to the County and State Bar Associations. If he belongs to the National Association of Criminal Defense Lawyers (NACDL), his State Association of Criminal Defense Lawyers, or to the ABA's Criminal Justice Section, that is a good indication he has more than a passing interest in criminal defense.
Get a criminal defense attorney who concentrates his practice in the area of defense that you need. Many criminal defense attorneys not only handle routine criminal defense cases but some concentrate in a particular area of defense. Some focus on rape defense, violent crime defense, or other areas of specialty. No defenses areas absolutely require a lawyer who concentrates in the area, and in many areas there are so few lawyers that getting one that concentrates on a specific crime is impossible. Get a lawyer who is willing to put in sufficient time to learn about your case and your defense and you will do fine.
Public defenders are generally reserved for people who cannot afford private attorneys. However, public defenders have very little time and resources to work on your case and result in less justice, according to research done by the Justice Policy Institute*. Many public defenders try to juggle over two hundred cases or more. That is way over the maximum number of cases recommended by the American Bar Association, which recommends that any attorney should not handle over one hundred cases. Public defenders usually handle over 300 cases in Los Angeles County, California. Public defenders may be very passionate about their jobs and have the best intentions. However, they may be overwhelmed by the sheer number of cases and jeopardize their client's constitutional right to effective representation in criminal court.
Determine what kind of qualities are important to you. Do you want someone young and who is willing to make up for a lack of experience through hard work, or someone with well-established credentials? Does your case require someone who has special knowledge of a certain area of criminal law (like tax law or SEC investigations), or will any criminal lawyer be sufficient?
Determine if he has ever held an office in any of the organizations of which he is a member. Bar association activities are good indications of how the lawyer's colleagues feel about him.
Find out if he has earned a Martindale-Hubbell rating. "AV" is the highest ability/highest ethics rating based on the opinions of lawyers and judges who know him. "BV" and "CV" rated lawyers are good too. Note: very few criminal defense lawyers are rated by Martindale-Hubbell and many of the best criminal defense attorneys do not participate in Martindale-Hubbell's directory and rating system.
Don't be fooled by advertising slogans, such as "former deputy district attorney" or "aggressive trial lawyer." Meet the lawyer and decide if you have confidence in his or her skills and feel comfortable with their analysis of your case.
Inquire if the attorney you are interviewing has ever taught at a law school (or CLE program) or published a legal article. Teaching and publishing takes research, field work, dedication, as well as commitment to good practice policies. It also is a good way to determine your lawyer's standing in the legal community.
Discuss the facts of your case. At this point, attorneys should be able to discuss how he will proceed and what he will do. You should discuss law office communications and what ancillary services he thinks you will need (e.g. psychotherapy, private investigation, etc).
Remember there is no official list of the best lawyers. There is no official "win/loss" rate. Be very suspicious of attorneys who claim to "specialize" in a certain type of case, unless that lawyer is a State Bar Certified Specialist. When they are Certified Criminal Law Specialist they do hold a unique position. There are very few who have the qualifications and even less that can pass the Board Reviews, Tests and Peer Evaluations.
A good idea is to go directly to the State Bar Web Site and search under Certified Criminal Law Specialist in your County. These lawyers are for the most part the very best of the best. Also, the State bar is not a private business like Martindale Hubble, so they are not in the business of certifying people for money or promotional purposes.
A lawyer may concentrate in an area but may not claim to be a specialist unless an outside agency certified to make the designation so awards him with that designation.
Attorneys have a number of ways of charging for their work. These include flat fees, hourly rates, and fees for specific parts of the case.
Ask who will work on your case if you hire this attorney, and what their experience level is. Ask what rates they bill at. What percentage of work will these other people be doing, and what percentage of time will your attorney be dedicating to your case? Now is also a good time to find out what would happen to your case if your attorney became ill or unexpectedly became unavailable.
Hourly rates are most consumer-friendly, but are the least predictable.
Flat fees are the most predictable, but can hurt the client in cases that are complicated. Many attorneys will offer some hybrid fee agreement that offers a refundable minimum retainer but then goes up as the case goes past that amount.
Contingency fee arrangements (fees based on the attorney achieving certain results) are unethical for criminal defense attorneys.
You should determine if the lawyer you want to hire has made many court appearances in the jurisdiction where your case is being heard. Some lawyers have good reputations in various courts and it can be advantageous to be represented by a lawyer who commands a great deal of respect from the court in which your case is being heard. By the same token, some lawyers who make frequent appearances in some courts do not garner much respect from the court.
Many public defenders are frequently dedicated beyond the call of duty. Many public defenders are among the hardest-working attorneys you will ever meet.
Be extremely suspicious of any attorney who guarantees you a specific result in a criminal case before making a court appearance and before reviewing all the documents and evidence.
The more information you can offer a criminal defense lawyer at your initial consultation, the more accurately the lawyer can offer to represent you at a realistic fee. People who pay the most money for lawyers are people who don't know what crimes they are charged with, their court date, or other vital details. Have your court date, charges, court location, bail amount, and contact information for your bondsman (if applicable) when you call the lawyer.
Many courts have on-line records systems for this information if you do not have paperwork
Doing a thorough interview and background search on your attorney is the only way to be sure you are getting what you are paying for. Remember that you can often save money by entrusting your case to a newer attorney. Young attorneys are very capable to handle misdemeanor cases and traffic cases. Felony cases and federal cases should be handled by attorneys with at least five years of criminal practice under their belts.
Be wary of attorneys who want a large amount of money up front to handle a case only through initial proceedings and not through jury trial. The lawyer should be honest about the likely outcomes of your case and should never make promises about guaranteed outcomes.
