How to choose a lawyer.... a HUGE decision

CokeMonger

Bluelighter
Joined
Jun 17, 2009
Messages
89
Suggested criteria . . . .


You want a former prosecutor who handled the same kind of case you're charged with (for example, if you're charged with homicide, you don't need a former prosecutor who handled Vice Squad cases).


Do they know - by name without checking - the cops involved? Ever cross examined him/her?


Do they know who will be prosecuting it? Do they know the person, personally?


Don't - do NOT - be taken in by a shiny suit. Do NOT operate on the assumption that "if it costs more, it must be the best" -- obviously, you're not looking for the cheapest out there, either, but don't be scammed by "it costs more so it must be better." How many cases has he/she handled?


Has he/she ever represented a cop? The cops know who the good ones are.


Google the person. No one will have 100% positive rating, but keep your eyes open - see what's generally said. Spend at least 1/2 an hour seeing what's out there on the person.


When Googling, aside from whatever else might be out there -- see whether he/she advertises a specialty in criminal law. You do *NOT* want the guy/gal who advertises "personal injury ... divorce ... real estate ... criminal cases .... civil defense ... construction law ... contracts and......." No way. One, maybe two specialties if they intersect (for example, maybe divorce and immigration since a situation might come up needing both areas of law in one case).


Is he/she political? Running for office ever? Judgeship someday?


Take notes. Write it down. Go with a friend (spouse or minister would be best - they can't be called to testify against you).


Check his/her ethics history - should be publicly available at your state's judiciary website.


Ask who else in the area is good? Who would he/she go to if wrongfully charged with a crime? If they are reluctant to share other names or seem offended that you're shopping around, that's major points off. They should freely tell you who else is good -- who they would go to. Be upfront that you're shopping around. Run other names by him/her; see what they say (but tell him/her that you won't repeat whatever they say - you want honest appraisals that won't be repeated by you).


Ask for a retainer agreement and read it carefully. Not just while sitting there; take it home and study it. Is it a flat fee (in whole or part)? Discuss the fees in detail and understand what you're getting into. Again, don't think more expensive is better - there is a "going rate" in your community; you want upper end of it, but avoid "it's more expensive so it's better."


Do they have email? How often do they check it and answer it?


Commit to yourself that you'll talk to at least 3-4 attorneys before picking one. Can't assign "points" to each category, it's not that scientific, but take copious notes and think hard on it. Don't just go with your gut on the first guy / gal you meet - no matter what. Even if you're paying a consult fee, the decision is just too damned important. The same offense, with the same evidence, in the same state ... the difference in pleas (or the sentence if no plea) is mind-boggling. One guy gets 6 months for the same thing that another gets 5 years...and another gets probation for. It is all about the lawyer.


...... and, for God's sake....... keep your mouth shut about the case. More people end up convicted as a result of running his/her mouth than as a result of any other evidence. Your priest, your doctor, your shrink, maybe your spouse, otherwise STFU about it.
 
I found the post on selecting a lawyer (originally posted by a criminal defense attorney on another board). Personally, I printed this one out and turned it into an actual check list:



Suggested criteria for choosing criminal defense attorney:

You want a former prosecutor who handled the same kind of case you're charged with (for example, if you're charged with homicide, you don't need a former prosecutor who handled Vice Squad cases).

Do they know - by name without checking - the cops involved? Ever cross examined him/her?

Do they know who will be prosecuting it? Do they know the person, personally?

Don't - do NOT - be taken in by a shiny suit. Do NOT operate on the assumption that "if it costs more, it must be the best" -- obviously, you're not looking for the cheapest out there, either, but don't be scammed by "it costs more so it must be better." How many cases has he/she handled?

Has he/she ever represented a cop? The cops know who the good ones are.

Google the person. No one will have 100% positive rating, but keep your eyes open - see what's generally said. Spend at least 1/2 an hour seeing what's out there on the person.

When Googling, aside from whatever else might be out there -- see whether he/she advertises a specialty in criminal law. You do *NOT* want the guy/gal who advertises "personal injury ... divorce ... real estate ... criminal cases .... civil defense ... construction law ... contracts and......." No way. One, maybe two specialties if they intersect (for example, maybe divorce and immigration since a situation might come up needing both areas of law in one case).

Is he/she political? Running for office ever? Judgeship someday?

Take notes. Write it down. Go with a friend (spouse or minister would be best - they can't be called to testify against you).

Check his/her ethics history - should be publicly available at your state's judiciary website.

Ask who else in the area is good? Who would he/she go to if wrongfully charged with a crime? If they are reluctant to share other names or seem offended that you're shopping around, that's major points off. They should freely tell you who else is good -- who they would go to. Be upfront that you're shopping around. Run other names by him/her; see what they say (but tell him/her that you won't repeat whatever they say - you want honest appraisals that won't be repeated by you).

Ask for a retainer agreement and read it carefully. Not just while sitting there; take it home and study it. Is it a flat fee (in whole or part)? Discuss the fees in detail and understand what you're getting into. Again, don't think more expensive is better - there is a "going rate" in your community; you want upper end of it, but avoid "it's more expensive so it's better."

Do they have email? How often do they check it and answer it?

Commit to yourself that you'll talk to at least 3-4 attorneys before picking one. Can't assign "points" to each category, it's not that scientific, but take copious notes and think hard on it. Don't just go with your gut on the first guy / gal you meet - no matter what. Even if you're paying a consult fee, the decision is just too damned important. The same offense, with the same evidence, in the same state ... the difference in pleas (or the sentence if no plea) is mind-boggling. One guy gets 6 months for the same thing that another gets 5 years...and another gets probation for. It is all about the lawyer.

...... and, for God's sake....... keep your mouth shut about the case. More people end up convicted as a result of running his/her mouth than as a result of any other evidence. Your priest, your doctor, your shrink, maybe your spouse, otherwise STFU about it.
 
I knew i had a great lawyer when I got arrested in 3 different counties, and in each county, everytime I went into court with him, everybody in the prosecutor, judge, and da box was like Hey buddy, how ya doin, how ya been? Good to see ya hows the kids!

Mad reassuring when the ppl that are supposed to fuck you are happily bullshittin with your lawyer.
 
You want a former prosecutor who handled the same kind of case you're charged with (for example, if you're charged with homicide, you don't need a former prosecutor who handled Vice Squad cases).
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Former prosecutors, like public defenders, can be really good or really bad. Just because they used to be a DA doesn't mean shit. Often, DAs offices will hire some pretty mediocre attorneys as not a lot of top notch law students wish to become assistant DAs (ADAs).

Another consideration is where your attorney's heart is, it seems a fair number of DAs are of the opinion that the cops are always right and those charged are scum. There's a reason they opted for prosecuting, rather than making more money with a good defense firm. Also, why'd they leave work with a prosecutor's office, were they fired because they sucked? I saw one ADA fired because he kept showing up for work late, would nod off in court due to his heavy use of prescription narcotics, and finally got pulled over all fucked up on narcotics driving on the wrong side of the road and tried to get out of it by showing his work credentials and using the DA's name. Is that kind of person more likely to be a good attorney? Your chances of getting a good deal on a bad case may even be hampered with a former prosecutor if the person left the office on bad terms.
 
The best way to find a lawyer, IMO, is word of mouth. It's best to introduce yourself socially or professionally (if possible) before anything happens.

The best attorneys don't really advertise because they don't have to - but that may be changing due to an excess of lawyers and the economy being in the toilet.

Check the State Bar's website for any ethics complaints, suspensions, or public censuring. www.martindale.com is a website run by and for attorneys containing biographical data, areas of practice, and often representative clients and cases. An "AV" rating is the highest possible, and I personally would not hire an attorney who did not have an AV rating.

Your initial consultation in a criminal defense matter should be free and in-person. At that time, the attorney and you will decide either to work together or not. You'll put down a retainer or make arrangements for a payment plan if the attorney offers that, but expect to put down the full amount even if you have to borrow or charge it. Know their hourly rate.

And make friends with their secretary or paralegal. ;) That's the person who works in a true "right hand" capacity and if you're an asshole to him or her, you can forget about anything like getting a note slipped to your lawyer while they're on the phone with someone else. They can't discuss strategy or legal theory, because that would be practicing law without a license, but they can tell you when and how you will next be contacted - and they can give the boss a call on his or her cell at odd hours if necessary for an "A" client - and you become an "A" client by doing as you're told, taking responsibility for your part in your case, and sending referrals. :)
 
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