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How to Find & Hire the Right Virginia Criminal Defense Attorney

Written by: Kyle G. Manikas

Reputation Level 10

Posted almost 3 years ago. Applies to Virginia, 2 helpful votes, 0 comments

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Chose a Former Prosecutor – But Realize that All “Former Prosecutors” are NOT created equal.

Whether you choose to retain my services or the services of another attorney, I strongly suggest that you hire a former prosecutor. Prosecutors from certain jurisdictions have handled and tried significantly more cases than the vast majority of defense attorneys. Moreover, they understand how an investigation and prosecution works from the inside out, and generally have a better relationship with the police officers and current prosecutors. Having handled hundreds of a particular type of case gives a former prosecutor insight that cannot be gained by a defense attorney, even over many years of practice. It is a perspective that puts former prosecutors at a distinct advantage in handling your case. However, recognize that all former prosecutors are not created equal. Some prosecutor jobs are not even full time or are in small jurisdictions where no felony or serious matters are handled. Moreover, some prosecutor’s offices are not very busy so the lawyers there do not gain much ex

Hire a Trial Lawyer – Don’t be Afraid to ask your lawyer “How Many cases Have you tried before a jury or a judge?”

To effectively handle a criminal law case, a lawyer must prepare for and be willing to go to full-scale litigation. This is not to say that litigation is always necessary, but the prosecutor has to know that if push comes to shove, not only are you willing to go to trial, but (more importantly) that you are skilled at trying a case. Trial law is a unique skill that very few attorneys have because it is something that very few attorneys do on a regular basis. Trial skills require a combination of knowledge of the law, common sense about people, and the ability to question witnesses, present evidence, and speak the accepted legal language needed to persuade the judge. If your case does result in litigation, don’t you want someone who knows how to do it? You certainly would not go to a surgeon who had never operated on anyone before, but only read about it in medical school. Effective trial tactics cannot be accomplished by a lawyer that is just learning, and has never actually tried

Make Sure the Attorney you Hire is the Attorney that Will be Handling your Case.

Ask the attorney, for example, “will you personally be handling my case?” Do not fall for the bait and switch technique, which generally works like this - you meet with the attorney whose name appears on the door. That attorney talks up the firm and his services. You hire him and then he passes your case off to an unknown associate. You never see or hear from him again after he takes your money and he is not the one that does the work on your case. In any reputable firm, the attorney you hire is the attorney that completes the work on your case and is available to you throughout the legal process. Another good question that can help identify bait and switch attorneys is, “What is the process for handling my case in your firm?” If any part of that process involves paralegals doing anything other than basic, ministerial tasks, you are at the wrong firm.

Avoid Attorneys that Do Not Carry Malpractice Insurance.

The lack of malpractice insurance is a red flag you should not ignore. While you hope they will never need to rely on it, an attorney that does not carry malpractice insurance does not run a stable, trusted office. The reason for the lack of malpractice insurance is likely that the attorney previously committed malpractice and no longer can afford the insurance rates. Whether an attorney has malpractice insurance can easily be determined in Virginia by checking the state bar website. In Virginia, the web address is www.vsb.org. Checking on an attorney is as simple as finding the “Attorney Records Search” page and typing in the attorney’s name.

Avoid Attorneys That Have Been Previously Disciplined by the Bar.

This information can be obtained for Virginia attorneys on the same “Attorney Records Search” page noted above at www.vsb.org.

Avoid Attorneys Who Schedule Your Initial Consultation With a Paralegal.

This is a tell tale sign that once the attorney takes your money, he will not be the one doing the work on your case. Before you ever step foot in an office, you should have already spoken to the attorney that will be handling your case. Moreover, if there is not an attorney at your initial consultation, you are at the wrong law firm. The attorney either does not care about their clients or they are overextended. Lawyers do not get overextended by being too good. They get overextended by being disorganized and negligent. You need somebody who has the time and energy to focus on your case.

Avoid Attorneys Associated With Phony Referral Websites.

There are lawyer referral sites all over the internet set up, by lawyers, to create the impression that just because an attorney affiliates with them, they must be a good, or the best, attorney. Many of these companies contact every lawyer they can, and whoever pays them gets the site or the link. If a website claims to be an "association" or something similar, look to see who accredits that website as an association. If the answer is not readily available, it is probably a sham association set up for marketing purposes. How can you trust an attorney that starts his communication with you by being deceitful? Moreover, if they were any good, they would not have to engage in this kind of sham marketing.

Avoid Websites That Claim They Have a Network of Lawyers in Place, or Have Offices in Every State.

This is the type of site where you fill out a form and it is mailed to a number of lawyers in your area that are willing to take your case. They then bid for the right of representing you. No credible or competent attorney obtains clients this way.

Avoid Attorneys Who Quote You Fees That Are Excessive.

Unless there are some special or unique issues with your case, an attorney that quotes you an excessive fee is simply trying to take advantage of you. He simply wants to make as much money as possible and does not care about helping his clients. Do not ever assume that the amount an attorney charges is necessarily based on how good he or she is. Time and time again this has been shown to be false. I can give you examples of attorneys that charge three to four times what others are charging and are utterly incompetent. I know because I tried cases against these attorneys when I was a prosecutor. However, studies have shown that time and time again, consumers associate price with quality. Move on to someone else.

Make Sure Your Attorney is Empathetic and Actually Cares About Helping You Resolve Your Problems.

There is a small segment of the attorney population that believes they should be devoid of any emotion or sympathy for the problems of their clients. They believe that to have such feelings would be the equivalent of a doctor who recoils at the sight of blood. Thankfully, most attorneys disagree with this outlook on the profession. You are not hiring doctor, you are hiring a lawyer. Make sure the one you hire has a genuine concern for what is best for you.