In this post you will learn how to choose a criminal defense lawyer.
If you are charged with a crime and do not qualify for a public defender, you will need to choose a criminal defense lawyer to hire. This will be the one of the most important decisions you make in your criminal case. Here are some tips on how to choose a criminal defense lawyer that will fight for you!
#1 Beware of Google and Review Sites
Hiring a criminal defense lawyer is about doing research beyond Google. So what about lawyer review sites like Avvo? My advice? Steer clear for the most part.
Sites like Avvo have lots of good information. You can easily find attorneys in your area who market themselves as practicing criminal defense. That being said, the reviews and ratings are all suspect.
As a test, I looked up a criminal defense lawyer that I know in my jurisdiction. They are not anyone I would ever refer a friend or family member to. Not the nicest person and a poor excuse for a zealous criminal defense lawyer. Avvo has them rated a 10.
I then looked up an attorney who is highly respected in my jurisdiction. No reviews and a 7.5 rating.
How does that happen? Lawyers ask their friends and former clients who have had good results to review them. The clients with bad experiences? Well, they don’t the invite. And what if you don’t get reviews? Then your rating goes down for no good reason.
Sites like Avvo certainly have some good information on them. But I would never tell anyone to choose a lawyer based on their reviews and ratings from such a site.
#2 Choose A Criminal Defense Lawyer Who Handles Your Type Of Case
Every criminal case is not the same! You need to choose a criminal defense lawyer who is not only experienced, but who also handles the type of crime you are charged with.
Some criminal defense lawyers will promote themselves as being able to take any type of case. Don’t be fooled! While public defender agencies generally have quality controls and only assign cases that attorneys are equipped to handle, private lawyers do not always limit themselves in the same way.
You don’t want a lawyer who primarily handles DWI cases to defend you in a rape case. That being said, you don’t want a lawyer who primarily handles white collar crime to handle your DWI case.
This brings me to my next point.
#3 Do Your Research!
When you are choosing a criminal defense lawyer, you need to do some research. And I will say this again; I don’t mean just going to Google!
You might want to start with calling a reputable referral service. The American Bar Association has a great resource for this very task.
You should also talk to friends and family and see who they know. The best referrals oftentimes come from word of mouth.
All this being said, if I were going to hire a private criminal defense lawyer, the first place I would call for a recommendation is the local public defender’s office.
As a public defender with over a decade of experience, I know who I would hire or if I did not qualify for a public defender. More importantly, I also know who I would NOT hire!
#4 Don’t Hire Based On The Fee!
Hiring a criminal defense lawyer is not cheap. Depending on your market, you’re looking at $2,000.00 for a minor case and tens of thousands for a major case.
What you want to stop yourself from doing is hiring a lawyer because they are the cheapest. In the world of criminal defense, you don’t always get what you pay for, but if it is too good to be true, it probably is.
For example, if a lawyer is asking for $750.00 to handle your DWI case, you’re probably best advised to walk away. A DWI takes at least 5-7 hours of work. That includes a client meeting, phone calls, review of the evidence, talking to the prosecutor, and making one appearance in court.
Most attorneys hourly rate is at least $250.00 an hour, but usually $350.00 an hour is what you will see. (This all depends on your local market).
But even assuming the lower rate, do the math. That attorney is either walking into the case to lose money, or is not going to put in the full amount of time necessary.
Of course the rate could also be low because the lawyer is inexperienced and needs to discount their rate.
That does not mean you should go and hire someone charging $5,000.00 for a DWI! So what’s a fair price for a criminal defense lawyer?
There’s no magic number unfortunately.
You need to sit down with the lawyer and understand their rate. How many hours of work will they be putting into your case? Will the fee cover trial if you don’t plead guilty?
#5 Flat Rate vs Retainer
You should also find it if the fee is a flat rate or a retainer.
A flat rate fee means that you will pay the same price regardless of how much work the lawyer needs to put in. A retainer means that you pay a sum to the lawyer upfront and they work against that sum at an hourly rate. When funds run low, you hand over another sum of cash.
Flat fees can work in your favor if the case turns out requiring a lot more time than the lawyer predicted. Of course, the inverse is true as well.
A retainer can mean that you pay more than had your agreed to a flat fee. On the other hand, you are only billed for the work done and you know what you’re getting for your money.
Once you understand the fee and financial risks involved, you can make an informed decision about value and the type of fee agreement you want to enter into.
This would also be a good time to discuss other expenses, such as the cost of hiring a private investigator, (usually at least another $500.00), or an expert depending on the type of evidence in your case (we are talking at least $1,000.00 and usually more).
Also find out what happens if you cannot afford the experts. Is there a way for the attorney to procure the funds from the court? Should you reapply for a public defender?
#6 Who Else Will Be Working On Your Case?
Believe it or not, when you hire an attorney, multiple people will end up working on your case. There are paralegals and even other attorneys who may do work on your case.
It is important to know who will be doing work on your case, what type of work, and what their fees are. For example, if you hire Attorney Jones for $250.00 an hour, but senior associate Attorney Smith may work on your case at $500.00 an hour, you want to know this up front.
It is also important to know who will be working on your case because, after all, you are hiring the lawyer based on your confidence in their abilities. Having someone else step in and handle your case may not be ok with you.
#7 Does The Attorney Have Any Record Of Discipline?
One thing you want to be wary of is choosing a criminal defense lawyer with a prior record of professional discipline.
Attorneys must follow a set of rules established by their respective state bar or high court. These rules, oftentimes referred to as the “rule of professional conduct” ensure that lawyers can be trusted with client money, secrets, and are honest in their profession.
If a lawyers violates these rules, they may be sanctioned. Depending on an attorney’s prior record of discipline, you may not want to hire them!
The American Bar Association has a helpful list of state agencies that handle such matters. You can contact them and ask about any lawyer you may hire. And be sure to check the state agency for every state where your lawyer is licensed to practice law!
#8 What’s Their Resume Look Like?
No, you’re not going to ask for the lawyer’s resume. But before your choose a criminal defense lawyer, you will want to visit their website and LinkedIn account.
An attorney’s website and LinkedIn account will provide you with some important background. Where did they go to law school? Where have they worked in the past? How long have they been practicing in the jurisdiction where your case is?
#9 Hire Locally
A lot of times people will think that hiring a “big shot” lawyer from the city, will help them with their criminal case in the burbs. This is not so.
A lot of a lawyer’s success comes from being well known and respected in their local jurisdiction. Local criminal defense lawyers not only have relationships with the prosecutors, but also the bailiffs, clerks, and judges.
You want a lawyer who is liked and respected by the people who work in the courthouse. If you hire an outsider, you may be putting yourself at a slight disadvantage without even realizing it! When possible, hire someone local.
#10 Stay Involved!
You need to stay involved in the process even after you hire a criminal defense lawyer. You want to know everything that is happening or is going to happen in your case.
Lawyers have multiple clients, and while they all have a duty to zealously advocate for you, staying on their radar is going to help ensure that you are receiving the representation you deserve!
I am not telling you to call and email your attorney every day. Or every week for that matter. But make sure that you are speaking at least once a month and definitely a week before any upcoming court date.
Make sure you are getting copies of all the evidence, as well as any motions filed by the prosecutor or your attorney, and any orders issued by the court.
Remember, once you invest all of that time into hiring an attorney, your work does not end! The government is trying to convict you of a crime, maybe lock you up in a cage, you need to stay involved!
Conclusion
Hiring an attorney is no minor task. This is your life on the line. But if you take into consideration these tips, you should be fine!
Also, make sure to read my post “10 Questions to Ask Your Public Defender” because these are the same questions you should be asking your private criminal defense lawyer!
