Former: District Judge l Federal Prosecutor l Chief Felony Prosecutor
What makes a good criminal defense attorney?
In my view, the best criminal defense attorneys have some or all of the following characteristics: trial experience, integrity, knowledge of the law,
knowledge of people (including jurors), patience, perseverance, courage and wisdom.
A good lawyer has a "sixth" sense about how a jury will perceive certain facts and particular people. This usually comes with
experience and after having had numerous jury trials. Usually, this is a learned skill--learned from trying cases.
Prosecutors know which defense attorneys are trustworthy and mean what they say. The criminal defense lawyers that practice in the Travis County courthouse
deal with the same prosecutors day in and day out. In my view, an accused person has an advantage if he or she is represented by an attorney that has
established a good reputation for honesty and integrity.
Legal knowledge is acquired by keeping up with changes in the law as well as applying the law time after time during trial situations.
This is important because there are cases in which all the facts are on the side of the government. In those cases the lawyer needs to know every
available legal defense or challenge.
A good lawyer is able to realistically evaluate how his client, or other defense witnesses, will withstand cross-examination by the prosecutor.
A good attorney must also be able to accurately asses, based on very little information, whether a potential juror's worldview more closely resembles
that of his client or the prosecutor.
Often a lawyer must wait until the time is right to pursue a particular strategy in a case. A good criminal defense lawyer
aggressively pursues every avenue of defense--factual and legal. The best defense lawyers explore every possible opportunity to settle a
case in a way that avoids a conviction or avoids exposure to the risk of jail or prison.
It takes lots of courage to stand up to the vast resources and power of the government. This is no task for the faint at heart.
There are many important decisions to be made during the time when a criminal case is pending. One of the most important decisions is whether
or not to have a trial. Another important decision is whether to elect to have a judge or jury decide your case.
How do you know if the lawyer you are interviewing possesses some or all of the qualities listed above? My suggestion is that you ask tough questions to the
lawyer and make a judgement whether you believe the lawyer is shooting you straight. I also encourage you to ask other lawyers about the reputation of the attorney
you are considering hiring. I suggest asking the attorney you are interviewing whether he or she is the actual person that will be going to court when your case is set.
Finally, I would be wary of any attorney that promises a specific outcome before they have spoken with any witnesses or seen the evidence in the prosecutor's file.
In my law practice, I do not charge any fee for an initial 20-minute consultation.