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How to Hire the Best Criminal Defense Lawyer

Written by: Stephen George Cobb

Reputation Level 11

Posted almost 3 years ago. 5 helpful votes, 0 comments

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Qualifications - There is Board Certification and Then There is Marketing

In Florida, here is the single most important question: "Are you certified by the Florida Bar Association and the Florida Supreme Court as a specialist in criminal law?" This is the real rating of a Florida criminal lawyer as recognized by the Florida Bar Association - not some "A-V rating" from Martindale or some SuperLawyer claim. Neither of those organizations actually require a lawyer to take a Bar Association test of competency. They will tell lawyers how to game the system, though, in order to get a better rating. You don't need marketing spin, you need an experienced lawyer.

Jack of All Trades or a Master?

Here is the second tough question: "Does your law firm focus on criminal law exclusively?" Although Avvo differentiates different aspects of criminal law into sub-areas, I only handle criminal law. In fact, only Florida state criminal law - I do not even handle federal criminal law. So your ten million dollar PI case will have to go somewhere else. I would suggest a certified expert in civil trial law, something I am not. So hire someone else if you have a civil law case, even if I stand a great chance of winning millions - I am a Master of one area of law, and PI is not it.

"Are you a 'Lone Ranger' or do you have a defense team?"

Grandpa's law firm still uses what they like to claim is the "personal touch" of one lawyer handling your criminal case. However, the Lone Ranger is long gone - the prosecutors work in gigantic legal teams, sharing information and expertise. If your lawyer is a Lone Ranger, you are already behind. The modern law firm breaks apart cases into component parts and lets each skill position player do what they do best. You need a top notch legal strategy and a top notch strategist, not a hand holder who simply makes you feel good.

"Have you handled cases like mine in the past?"

This indirectly goes back to exclusivity: Those who practice several areas of law have difficulty gaining experience in every type of criminal case. You need to know if the lawyer in question has handled cases like yours in the past. However . . .

Your Criminal Defense Lawyer's Win-Loss Record Does Not Matter

This shocks people, but it is true: What if your lawyer won 40 cases in a row because all of them were ridiculously easy, and yours is hard? You might be tempted to rely on the attorney's record rather than their analysis of your case. On the other hand, your attorney might have lost 40 impossible cases in a row - and yours could be a winner, or even if it isn't, the State Attorney hopes to never have a trial with your lawyer ever again - and cut you a better deal.

Always Go For "Smart"

"Aggressive Representation!" Every ad that uses this phrase should have a stupidity disclaimer: If you have a dead-dog loser of a case, angering the other side is not the smartest strategy. Often, it is one of the dumbest. Choose a lawyer who is smart first. They will then wisely decide whether being aggressive or gentle is best for you and your case.