Things you should you look for in hiring a lawyer to defend you in a DUI / DWI case.
1
DO YOUR HOMEWORK
A drunk driving charge is a serious matter. Don't hire the first lawyer that you talk to. Interview at least three lawyers before making a hiring decision, and prepare to see as many as five or six.
Don't hire any attorney until you find one that you are completely comfortable with.
2
ASK INTELLIGENT QUESTIONS
The most important thing about a DUI / DWI charge is to keep it off your record. Ask the lawyers you interview to explain to you how they would try to keep the case off your record. If they can't tell you any strategies, you probably better move on to the next lawyer.
Ask how many DUI / DWI cases they have defended. Prosecuting DWIs is not the same as defending them. Ask how many DWI cases they have won for their defendants. Ask them to tell you four or five different ways that they have won DWI cases for their clients. Ask them what percentage of their practice is dedicated to DWI defense. Ask them to tell you about the OTHER lawyers who you have interviewed, or intend to interview. You should pick up some very valuable information by asking these questions.
3
DEMAND CLEAR ANSWERS TO YOUR QUESTIONS
If you can't understand what a lawyer is talking about, and you know the facts of your case, do you really think a juror will understand that lawyer any better? Trying a case is like telling a story. If the lawyer can't make the jurors understand them, it is highly unlikely that the jurors will agree with them at the end of the case. The ability to communicate clearly is definitely an important factor in hiring an attorney!
4
GET IT IN WRITING
Get an employment contract in writing. Make sure you know exactly what it is going to cost you to have a fully contested jury trial on your case. The last thing you want to happen is for the lawyer to tell you at the last second that it is going to cost you an additional $5,000 or $10,000 to take your case to trial. Get it all written down from the beginning. When the lawyer quotes you a fee, make sure that the fee covers everything, including a jury trial, and that there are no other contingencies.
One of my pet peeves are lawyers who tell clients that they'll "handle" the client's case for, say, $4,500, and then after being paid that much, the lawyers say "Thank you very much. Now that'll be another $7,500 to go to trial." That's completely unethical, and I've seen it happen!
5
LEARN YOUR MARKET
In any large metropolitan area, there will probably be at least ten or fifteen elite level DWI defense lawyers. In smaller communities, there may be only two or three, or maybe none at all. Money isn't everything, but figure out what a reasonable fee is in your community. I've been defending DWI cases for over 20 years, and I have won hundreds of them. And I can't see any reason to pay any more than $10,000 to a lawyer to defend you on a simple, first offense DWI. I've seen excellent attorneys successfully defend a simple DWI for $3,500 to $5,000.
If one lawyer is quoting you a substantially higher fee, have them explain to your satisfaction why they would charge you more than anyone else. If they claim that they are better than everyone else, challenge them to prove it to you. If they can prove it, they might be worth it!
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