Getting a Lawyer FAQ
If you are accused of a crime, you will probably face the possibility of going to jail. This fact alone will most likely drive you to look for a good lawyer. Unfortunately, private criminal defense lawyers don't come cheap, and you may not be able to afford one. This doesn't mean you'll be completely at the mercy of the government, however. The U.S. Constitution provides that you are entitled to be represented by an attorney if the state is trying to deprive you of your liberty. This means that a court may be required to appoint a lawyer to represent you for free-or for a fee you can afford. This section discusses the role of private and court-appointed attorneys in the criminal process and offers suggestions for finding a private attorney if you can afford one.
How can I get a court to appoint a lawyer for me?
Normally, if you want a court to appoint a lawyer for you at government expense, you must:
Each state (or even county) makes its own rules as to who qualifies for a free lawyer. Also, the seriousness of the charge may affect a judge's decision as to whether you are eligible for free legal assistance. For example, a judge may recognize that a wage-earner can afford the cost of representation for a minor crime, but not for a crime involving a complicated and lengthy trial.
If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney. Most states provide for "partial indigency," which means that at the conclusion of the case, the judge will require you to reimburse the state or county for a portion of the costs of representation.
Do I need a lawyer at my arraignment?
In most criminal courts the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. Assuming you enter a plea of not guilty, which almost every defendant does at this early stage, the court will then:
If I'm poor, will a judge appoint a public defender to represent me?
Because most criminal defendants are unable to afford their own attorneys, many states have Public Defender's Offices. Typically, each local office has a Chief Public Defender and a number of Assistant Public Defenders (P.D.s). P.D.s are fully-licensed lawyers whose sole job is to represent poor defendants in criminal cases. Because they appear daily in the same courts, P.D.s can gain a lot of experience in a short period of time. And because they work daily with the same cast of characters, they learn the personalities (and prejudices) of the judges, prosecutors and local law enforcement officers-important information to know when assessing a case and conducting a trial.
My county doesn't have a public defender's office. How will the court provide an attorney for me?
In areas that don't have a public defender's office, the court maintains a list of attorneys and appoints them on a rotating basis to represent people who can't afford to hire their own lawyers.
Do public defenders provide the same quality of representation as regular lawyers?
Despite the increasingly severe financial constraints on their offices, public defenders often provide representation that is at least as competent as that provided by private defense attorneys. A 1992 study conducted by the National Center for State Courts concluded that P.D.s and private lawyers achieve approximately equal results. For example, in the nine counties surveyed in the study, 76% of P.D. clients were convicted, compared to 74% of clients with private lawyers.
Despite these good points, public defenders are often asked to perform too much work for not enough money, which can cut into their abilities to be effective.
How can I get a second opinion on my public defender's advice?
Like all attorneys, public defenders are ethically obligated to vigorously defend their clients' interests. Undoubtedly, most lawyers live up to their ethical duties. But defendants who think that their court-appointed attorneys are not representing them adequately can buy advice from a private defense attorney. Even a low-income person may be able to pay for a short "second opinion" consultation.
How can I find a private defense lawyer?
Recently arrested people often need to talk to a lawyer as soon as possible. The most urgent priority is often getting a lawyer to help arrange release and provide some information about what's to come in the days ahead.
If you have been represented by a criminal defense lawyer in the past, that is usually the lawyer to call-as long as you were satisfied with his services. If you have no previous experience with criminal defense lawyers, you can look to the following sources for a referral:
Toasters come with guarantees; attorneys don't. Steer clear of lawyers who guarantee satisfactory outcomes. A lawyer who guarantees a good result may simply be trying a hard-sell tactic to induce you to hire her.
What is a private lawyer likely to cost?
It's impossible to give a definitive answer. Attorneys set their own fees, which vary according to a number of factors:
Can I arrange for a contingency fee in a criminal case?
No. A contingency fee is an arrangement where the lawyer gets paid only if he wins the case. These arrangements are not allowed in criminal cases.
Can I change lawyers if I'm unhappy with the one I hired?
Generally, defendants who hire their own attorneys have the right to fire them at any time, without court approval. A defendant doesn't have to show "good cause" or even justify the firing. After firing a lawyer, a defendant can hire another lawyer or perhaps even represent herself. Of course, changing lawyers will probably be costly. In addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned.
Limits on Your Right to Change Lawyers
Your right to change lawyers is limited by the prosecutor's right to keep cases moving on schedule. If you want to change attorneys on the eve of trial, for example, your new attorney is likely to agree to represent you only if the trial is delayed so she can prepare. The prosecutor may oppose delay, possibly because witnesses won't be available to testify later on. In these circumstances, the judge is likely to deny your request to change lawyers.
What if I'm not happy with my court-appointed lawyer? Can I get a new one?
Probably not. Defendants with court-appointed lawyers often ask for new ones. Sometimes the problems are the same as those that would be encountered with any retained lawyer: inability to communicate, personality conflicts or dissatisfaction with the strategy. In addition, clients who are represented by court-appointed lawyers often assume that the representation is substandard.
Requests for a new court-appointed lawyer are rarely granted. A defendant would have to prove that the representation is truly incompetent.
Why do some defendants choose to represent themselves?
Defendants choose to represent themselves for a variety of reasons:
Some defendants can afford to hire a lawyer, but don't do so because they think the likely punishment is not severe enough to justify the expense.
The most obvious rule is that the less severe the charged crime, the more sensible it is to represent yourself. Defendants charged with minor traffic offenses should rarely hire an attorney, while defendants charged with serious felonies should rarely be without one. The most difficult decisions involve misdemeanors such as drunk driving, possession of drugs or shoplifting. Hiring an attorney in these situations may be wise because jail time and a fine are possibilities, and convictions may carry hidden costs, such as more severe punishment for a second conviction or vastly increased insurance rates. On the other hand, first time offenders charged with nonviolent crimes are not usually sentenced to jail, and judges and prosecutors often offer standard deals to all defendants, whether or not they are represented by an attorney. Thus, the most critical piece of information that defendants should try to learn before deciding whether to hire an attorney is what the punishment is likely to be if they are convicted.
How can I find out what my punishment is
likely to be?
It can be difficult to learn about judges' common sentencing practices. Typical sentences aren't usually listed in statutes or court rules, unless you're being sentenced in federal court. If you want to find out what your punishment is likely to be if you're convicted, you might take the following steps:
Yes. If you're thinking about representing yourself, you might want to seek out an attorney willing to serve as a "legal coach." The goal of hiring a legal coach is to combine a lawyer's knowledge with your own time. Because you pay for the lawyer's help only occasionally, the cost of a legal coach can be far less than turning the entire case over to a private attorney.
Not all attorneys are willing to serve as legal coaches. Some are worried about their liability if they give wrong advice based on incomplete information; others do not want to be involved with a case unless they are in control of it. Thus, if you're considering going it alone and you think you'll want a lawyer's help, you should try to line up your legal coach before you make your final decision.
Taken from: NOLO Law for All
[This message has been edited by dakeva (edited 29 November 2001).]
If you are accused of a crime, you will probably face the possibility of going to jail. This fact alone will most likely drive you to look for a good lawyer. Unfortunately, private criminal defense lawyers don't come cheap, and you may not be able to afford one. This doesn't mean you'll be completely at the mercy of the government, however. The U.S. Constitution provides that you are entitled to be represented by an attorney if the state is trying to deprive you of your liberty. This means that a court may be required to appoint a lawyer to represent you for free-or for a fee you can afford. This section discusses the role of private and court-appointed attorneys in the criminal process and offers suggestions for finding a private attorney if you can afford one.
How can I get a court to appoint a lawyer for me?
Normally, if you want a court to appoint a lawyer for you at government expense, you must:
- ask the court to appoint a lawyer, and
- provide details about your financial situation.
Each state (or even county) makes its own rules as to who qualifies for a free lawyer. Also, the seriousness of the charge may affect a judge's decision as to whether you are eligible for free legal assistance. For example, a judge may recognize that a wage-earner can afford the cost of representation for a minor crime, but not for a crime involving a complicated and lengthy trial.
If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney. Most states provide for "partial indigency," which means that at the conclusion of the case, the judge will require you to reimburse the state or county for a portion of the costs of representation.
Do I need a lawyer at my arraignment?
In most criminal courts the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. Assuming you enter a plea of not guilty, which almost every defendant does at this early stage, the court will then:
- set a date for the next procedural event in your case
- consider any bail requests that you or the prosecutor make
- appoint your lawyer, and
- ask you to waive time-that is, give up your right to have the trial or other statutory proceedings occur within specified periods of time.
If I'm poor, will a judge appoint a public defender to represent me?
Because most criminal defendants are unable to afford their own attorneys, many states have Public Defender's Offices. Typically, each local office has a Chief Public Defender and a number of Assistant Public Defenders (P.D.s). P.D.s are fully-licensed lawyers whose sole job is to represent poor defendants in criminal cases. Because they appear daily in the same courts, P.D.s can gain a lot of experience in a short period of time. And because they work daily with the same cast of characters, they learn the personalities (and prejudices) of the judges, prosecutors and local law enforcement officers-important information to know when assessing a case and conducting a trial.
My county doesn't have a public defender's office. How will the court provide an attorney for me?
In areas that don't have a public defender's office, the court maintains a list of attorneys and appoints them on a rotating basis to represent people who can't afford to hire their own lawyers.
Do public defenders provide the same quality of representation as regular lawyers?
Despite the increasingly severe financial constraints on their offices, public defenders often provide representation that is at least as competent as that provided by private defense attorneys. A 1992 study conducted by the National Center for State Courts concluded that P.D.s and private lawyers achieve approximately equal results. For example, in the nine counties surveyed in the study, 76% of P.D. clients were convicted, compared to 74% of clients with private lawyers.
Despite these good points, public defenders are often asked to perform too much work for not enough money, which can cut into their abilities to be effective.
How can I get a second opinion on my public defender's advice?
Like all attorneys, public defenders are ethically obligated to vigorously defend their clients' interests. Undoubtedly, most lawyers live up to their ethical duties. But defendants who think that their court-appointed attorneys are not representing them adequately can buy advice from a private defense attorney. Even a low-income person may be able to pay for a short "second opinion" consultation.
How can I find a private defense lawyer?
Recently arrested people often need to talk to a lawyer as soon as possible. The most urgent priority is often getting a lawyer to help arrange release and provide some information about what's to come in the days ahead.
If you have been represented by a criminal defense lawyer in the past, that is usually the lawyer to call-as long as you were satisfied with his services. If you have no previous experience with criminal defense lawyers, you can look to the following sources for a referral:
- Lawyers you know. Most lawyers do civil (noncriminal) work, such as divorces, drafting wills, filing bankruptcies or representing people hurt in accidents. If you know any attorney that you trust, ask him to recommend a criminal defense lawyer. (Some lawyers who do civil work can also represent clients in criminal matters, at least for the limited purpose of arranging for release from jail following an arrest.)
- Family members or friends. Someone close to you may know of a criminal defense lawyer or may have time to look for one.
- Martindale-Hubbell. Martindale-Hubbell directories identify lawyers according where they work and the type of law they practice. The directories even rate lawyers for competency. All law libraries have Martindale-Hubbell books; many general public libraries have them as well. If you have computer access to the World Wide Web, you can also find Martindale-Hubble online at http://www.martindale.com.
- Courthouses. You can visit a local courthouse and sit through a few criminal hearings. If a particular lawyer impresses you, ask for her card after the hearing is over, and then call for an appointment.
Toasters come with guarantees; attorneys don't. Steer clear of lawyers who guarantee satisfactory outcomes. A lawyer who guarantees a good result may simply be trying a hard-sell tactic to induce you to hire her.
What is a private lawyer likely to cost?
It's impossible to give a definitive answer. Attorneys set their own fees, which vary according to a number of factors:
- The complexity of a case. Most attorneys charge more for felonies than for misdemeanors because felonies carry greater penalties and are likely to involve more work for the attorney.
- The attorney's experience. Generally, less experienced attorneys set lower fees than their more experienced colleagues.
- Geography. Just as gasoline and butter cost more in some parts of the country than others, so do lawyers.
Can I arrange for a contingency fee in a criminal case?
No. A contingency fee is an arrangement where the lawyer gets paid only if he wins the case. These arrangements are not allowed in criminal cases.
Can I change lawyers if I'm unhappy with the one I hired?
Generally, defendants who hire their own attorneys have the right to fire them at any time, without court approval. A defendant doesn't have to show "good cause" or even justify the firing. After firing a lawyer, a defendant can hire another lawyer or perhaps even represent herself. Of course, changing lawyers will probably be costly. In addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned.
Limits on Your Right to Change Lawyers
Your right to change lawyers is limited by the prosecutor's right to keep cases moving on schedule. If you want to change attorneys on the eve of trial, for example, your new attorney is likely to agree to represent you only if the trial is delayed so she can prepare. The prosecutor may oppose delay, possibly because witnesses won't be available to testify later on. In these circumstances, the judge is likely to deny your request to change lawyers.
What if I'm not happy with my court-appointed lawyer? Can I get a new one?
Probably not. Defendants with court-appointed lawyers often ask for new ones. Sometimes the problems are the same as those that would be encountered with any retained lawyer: inability to communicate, personality conflicts or dissatisfaction with the strategy. In addition, clients who are represented by court-appointed lawyers often assume that the representation is substandard.
Requests for a new court-appointed lawyer are rarely granted. A defendant would have to prove that the representation is truly incompetent.
Why do some defendants choose to represent themselves?
Defendants choose to represent themselves for a variety of reasons:
Some defendants can afford to hire a lawyer, but don't do so because they think the likely punishment is not severe enough to justify the expense.
- Some defendants believe (often mistakenly) that an attorney who represented them previously was ineffective, and figure they can do just as well on their own.
- Some defendants believe that lawyers are part of an overall oppressive system and seek to make a political statement by representing themselves.
- Some defendants want to take responsibility for their own destiny.
- Some defendants who are in jail can gain privileges through self-representation, such as access to the jail's law library. Also, not bound by lawyers' ethical codes, self-represented defendants can delay proceedings and sometimes wreak havoc on an already overloaded system by repeatedly filing motions.
The most obvious rule is that the less severe the charged crime, the more sensible it is to represent yourself. Defendants charged with minor traffic offenses should rarely hire an attorney, while defendants charged with serious felonies should rarely be without one. The most difficult decisions involve misdemeanors such as drunk driving, possession of drugs or shoplifting. Hiring an attorney in these situations may be wise because jail time and a fine are possibilities, and convictions may carry hidden costs, such as more severe punishment for a second conviction or vastly increased insurance rates. On the other hand, first time offenders charged with nonviolent crimes are not usually sentenced to jail, and judges and prosecutors often offer standard deals to all defendants, whether or not they are represented by an attorney. Thus, the most critical piece of information that defendants should try to learn before deciding whether to hire an attorney is what the punishment is likely to be if they are convicted.
How can I find out what my punishment is
likely to be?
It can be difficult to learn about judges' common sentencing practices. Typical sentences aren't usually listed in statutes or court rules, unless you're being sentenced in federal court. If you want to find out what your punishment is likely to be if you're convicted, you might take the following steps:
- Pay a private defense attorney for an hour of consultation. An experienced defense attorney can often make accurate predictions as to likely punishment.
- Ask a relative or close friend who is or who knows an attorney for informal, unpaid advice.
- Talk to an attorney from the public defender's office.
Yes. If you're thinking about representing yourself, you might want to seek out an attorney willing to serve as a "legal coach." The goal of hiring a legal coach is to combine a lawyer's knowledge with your own time. Because you pay for the lawyer's help only occasionally, the cost of a legal coach can be far less than turning the entire case over to a private attorney.
Not all attorneys are willing to serve as legal coaches. Some are worried about their liability if they give wrong advice based on incomplete information; others do not want to be involved with a case unless they are in control of it. Thus, if you're considering going it alone and you think you'll want a lawyer's help, you should try to line up your legal coach before you make your final decision.
Taken from: NOLO Law for All
[This message has been edited by dakeva (edited 29 November 2001).]
