There are three indispensable things that you should look for in hiring a criminal lawyer:
1.) Broad experience in actual criminal trials, 2.) Integrity, and, 3.) Academic ability to prepare your case.
1
Broad experience in actual criminal trials
Broad experience means that your criminal lawyer has actually handled thousands of all types of criminal cases, from heavy felonies (for example: "Three Strikes" and cases involving a life sentence, or even a death penalty case) to a variety of serious misdemeanors.
Broad experience also means frequently going to trial in matters that involve having the client's very freedom in the lawyer's hands. This is the only way that your attorney can acquire the expertise required to competently handle your criminal case.
However, broad criminal experience does not mean that the attorney handles mostly DUIs and traffic tickets. Some attorneys claim to take "all types of criminal cases," but have actually handled little more than simple misdemeanors or DUI cases.
You should exercise caution with attorneys who handle little more than DUI cases, yet they advertise themselves as criminal attorneys, or even DUI "specialists" (there is no such specialty recognized by the State Bar).
2
Integrity
Integrity in your attorney is indispensable. Your criminal lawyer should never have been disciplined by the California State Bar.
Each lawyer has an online page with the State Bar of California, and in the “Disciplinary and Related Actions” section at the bottom it should read: "This member has no record of public discipline." If the attorney has ever been suspended or disbarred, find another lawyer.
Additionally, you should also ask your prospective attorney whether he or she has ever received even a private disciplinary action by the Bar or any other authority (these matters are unpublished and not public record).
Finally, you should also inquire as to whether your prospective attorney has ever been sued for malpractice or any other breach of a client's trust. If so, you should find out what the reason for the lawsuit against the attorney.
This high level of integrity is indispensable for the trust that you will have to place in your criminal lawyer.
3
Academic ability to prepare your case
The best objective test of your lawyer’s academic ability is whether he or she passed the California Bar Examination the first time. If it took the attorney more than one try, you should carefully scrutinize the excuse(s) of why he or she couldn’t pass the first time.
Here's the real reason people flunk the California Bar Exam: they simply weren't prepared. Flunking the Bar Exam is the equivalent of flunking out of college.
This kind of lack of preparedness and intellectual laziness is a bad omen for your case, where your lawyer will have only one chance at handling the case correctly. Unfortunately, this vital piece of your lawyer’s history is not available on the attorneys’ pages of the State Bar website, or in any other publicly accessible source (to avoid embarrassing to many of our state’s top political leaders).
Lastly, it is also highly desirable that your attorney has graduated from a law school fully accredited by American Bar Association (ABA),
4
A final word
Choosing a criminal lawyer is always done in a time of great stress. Some of the immeasurable factors that should be part of your selection process defy precise definition, but the following items may help you decide on whom to retain:
Is the lawyer accessible enough? Could you actually get through to the lawyer without a hassle?
Do you feel that the lawyer has rushed you in your initial interview? If you were not given enough time in the interview, you will not get enough time with the lawyer during your case.
Did the lawyer seem to understand and care about the details of your case? The importance of this is obvious, but easy to ignore in time of stress.
Was the lawyer evasive regarding potentially embarrassing questions about his or her background? If so, be very careful.
Lastly, do you feel a sense of real trust in the lawyer? This is a highly personal judgment call that relies on everything above plus an instinctive gut feeling that only you can interpret.
Comments - add comment