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How do I decide which criminal defense lawyer to hire?
My
advice in most things is that more information is better than less
information. I encourage people in the market to hire an attoney
to meet with, or talk to by phone, several attorneys and hire the one
that you feel the most comfortable with--the one you trust the most.
In my view, the best criminal defense attorneys have the following characteristics:
- experience, including trial experience;
- integrity;
- knowledge of the law;
- knowledge of people, including jurors;
- patience;
- perseverance;
- courage; and
- wisdom.
A good lawyer needs to have 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
usually have a sense of which defense attorneys are trustworthy and
mean what they say. The criminal defense lawyers that
practice in the Travis County courts 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 must be 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. In my judgment, a good criminal defense lawyer aggressively pursues
every avenue of defense--factual and legal. The best
criminal 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, based on the
responses, whether you believe the lawyer is shooting you straight.
I would 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.
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