Choosing a good Attorney - Lincoln County Law

So, take price out of the equation. If you want a good attorney, you are going to have to pay for it. That being said, now you can determine who should represent you.

(1) You want to meet with the attorney face to face. Any criminal defense lawyer who is worth their weight is also going to want to meet you face to face. A telephone consult is not acceptable. It might get you through some of the basics, but before your attorney enters his 'Notice of Appearance' in your case, you are going to want to meet them face to face and they had better want to meet you face to face.

(2) Ask your attorney directly how much experience they have had. How many cases have they done? Have they ever gone to trial? Ask them about some of their experiences in trial (attorneys love to talk about themelves, so you can get a lot of information by asking them about funny trial experiences or exceptional cases they have had). If the attorney doesn't have a lot of experience, you need to ask yourself if you are the person you want to let them learn on. If your freedom doesn't mean that much to you, then perhaps you found the right one.

(3) Ask your attorney if they have ever lost a case. If the attorney tells you 'No, I've never lost', run. Run fast. It is impossible to win every case. Any attorney who doesn't lose, either doesn't take any cases to trial, or has never tried a case before. It is called the 'practice of law' for a reason. We are advocates for our clients and we argue to the best of our abilities, but attorneys will lose cases. We cannot predict what a jury is going to do. Our job is to argue the case to a group of people who will make a decision about your fate. Sometimes, the jury is going to get it wrong and find for the other side. You will know what kind of attorney you are interviewing if they tell you about cases they have lost. Of course, if they always are losing cases then you might want to move on to the next one. They ought to have won a few.

(4) Avoid any attorney who funnels you towards deferred prosecution before they have received a police report. This is especially true if this is your first offense. A deferred prosecution gives up all of your rights without actually having a trial. It is not a program that is for everyone and it is a card you should keep in your pocket until the time is right to bring it out. Your first charge is not the right time.

(5) Trust your gut. You are paying a lot of money to someone who is going to be arguing for your future. If you have misgivings or are uncomfortable with the attorney, go somewhere else. Never let price be your deciding factor. You must ask yourself, 'Do you feel comfortable turning your life over to this person? Will this person do a good job for me no matter what? Will I feel like he or she went to the mat for me even though I still lost?' If the answer is yes, then you have found your attorney. If the answer is no, move on. Your attorney needs to bring you peace of mind knowing that your case is in good hands.

(6) Beware the partner interview followed by the associate assigned to your case. Always make sure that the person you interview with is going to be the one assigned to your case and will be heading up the work and going with you to Court. Especially if there is a motion or trial to be argued. You may interview with the high powered partner, but if your case is assigned to the first year associate, then you really haven't received the benefit of the bargain, have you?

(7) Watch the level of confidence in your potential attorney. Do they look you in the eye? Do they sound like they know what they are talking about? Do they look like they might knuckle under at the first sign of conflict? Remember that your attorney may eventually be taking your case to trial in front of a jury and Judge. Are they going to be able to present your case well? Do they look like they could convince a jury to believe in your defense?

(8) Be cautious of the attorney who wants to plead you out or get you a 'deal'. A plea bargain may be the end result of your case, but you aren't there yet. The attorney needs to fully assess the case and investigate the police report. He or she needs to review the datamaster records and make sure the breath test was administered properly. All of these things take time. At your initial interview, the attorney should go through the possibilities of a potential plea, but they should also be talking about trial as well. The best case is a case prepared for trial from the first day. The best prepared case for trial will also get the best result in a plea negotiation because the prosecutor is going to have concerns about their ability to win the case.

(9) Make sure the attorney talks to you about issues such as conditions of release, AA attendance, your prior criminal history, potential outcomes from dismissal to a guilty conviction and aspects of the stop and the breath test (if one was given). These questions should be far reaching and you should really feel like you are being quizzed to the point of interrogation because you are. The attorney is trying to solicit facts from you to begin the case assessment. That takes some attention to detail. Your ideal attorney should also be able to relay back all the facts to you in a summary assessment. Anything less and they probably weren't paying attention!

(10) Don't be upset if the attorney is blunt and straightforward. You aren't hiring the attorney to be your buddy. Your hiring an experienced litigator who is going to defend you. Just because the attorney isn't the most personable fellow in the world, doesn't mean s/he isn't looking out for you.

(11) Beware the attorney who is afraid to confront you with the truth about your case. The police may have an airtight case against you. You might not have a chance at all if the case went to trial. The stop could be legitimate, the arrest permissible, and the subsequent evidence gathered adrmissible. You could seat a terrible jury and the Judge might be having a bad day. Your attorney has to be able to tell you these things. Bad facts in your case are facts that need to be dealt with. You could lose your case and face up to a year in jail and a $5,000.00 fine. Any attorney who doesn't articulate the possible bad outcome is not doing their job for you. You have to deal with the good as well as the bad.