GETTING THE PERFECT LAWYER TO WORK FOR ME

All throughout her busy work day, as Trial Attorney Gaba goes from one courtroom to another, attends depositions, participates in conferences, meets with new clients she gets lots of questions. The questions for the most part are about two types of matters. What is the “black letter law” on a particular topic. Phrased another way, “What is the law that the state legislature passed concerning the definition of a particular crime, or legal right”? The second topic of questions is about legal procedure. Example:   I’ve been sued civilly, how many days do I get before my “answer” is due? Or, How does the State of Ohio define a speedy trial in terms of actual days?

When her work day is through, and she is taking care of small matters of daily life, she also has people approach her to ask questions. It makes no difference if she is at a grocery store, the dry-cleaners, a PTA meeting, a department store or flower shop, the questions are almost always, WHAT SHOULD I LOOK FOR WHEN IT IS NECESSARY TO HIRE A CRIMINAL DEFENSE ATTORNEY?

After being asked this question one thousand times she has now arrived at a standard answer, which has seven things to think about and consider.

ONE: A person who is about to be a defendant in a criminal matter should NEVER NEVER defend themselves. When a prosecuting attorney hears that a defendant is about to defend themselves they are pleased. The odds of a defendant effectively knowing what to do are only 1 in 1,000. If the case is a complicated one the odds go to 1 in 10,000. The accused should be his own best friend. He should always insist that a lawyer do the legal work and watch out for the technical matters of the case.

TWO: HIRE AN ATTORNEY THAT DOES TRIAL WORK. Many lawyers will practice 30 or 35 years and then retire without ever having walked into a court of law. Ask the attorney politely, “Are you the kind of attorney who goes to trial 2 or 3 or 4 times in a two week period of time?” “When was the last time you stood in a courtroom to argue a case? If the attorney that you are talking to specializes in real estate easements or financial planning and does not go to court, think long and hard before you choose that person.

THREE: HIRE A CRIMINAL DEFENSE ATTORNEY TO DO A CRIMINAL DEFENSE CASE. An attorney who is constantly in court with only cases that concern eminent domain or utility easement type of cases will not be familiar with armed robbery or rape cases, Many types of civil cases are those whose parties are not entitled to have a jury. Picking a jury is a very complicated and vital matter. If you will want your case to be heard by a judge AND A JURY, select an attorney with jury experience. If your specific case is about the engaging in sexual activities with an under-aged girl ask your prospective attorney if she can honestly say, “Oh yes, I’ve had that type of case four time in the last twelve months”, Try to create the best possible match up. If your attorney has had five “robbery” cases most recently and your case is an “armed robbery” that is close enough to think well of the person you are talking to.

FOUR: VISIT THE OFFICE OF THE ATTORNEY YOU ARE ABOUT TO HIRE. Even though you and your defense attorney may be in different cities and will be communicating with you by e-mail, telephone and fax take time to visit the attorney you are about to hire. This is critical. An attorney may have a terrific resume but if he practices out the back end of a station wagon, you should be nervous. He still may be a genius, but how does an attorney hold a formal legal conference in the back end of a station wagon. The same hold true if the potential attorney you are about to hire works from the third booth to the left in a “Big Bunga Burger Fast Food Restaurant” An attorney who uses his spare bedroom in his condominium for his office may be most intelligent. Yet, the matter still remains, if your attorney will have to invite several prosecutors to his office for a conference, it should be an office that says “This location is dedicated to the practice of law, which is a serious matter. This attorney is out to win his case for his client in every ethical way possible”. The attorney who has lots of file cabinets, lots of case files setting about, bunches of books open to particular pages and staff buzzing around their office provide a reassuring setting. Nothing succeeds like success. An office with loads of diplomas and licenses and certificates on the wall speaks well of the person who name appears on these documents. Everyone starts out young and fresh out of law school. But mature, slow, methodical and experiences in the practical world of law means that the attorney has seen a lot, heard a lot, and is not surprised by things that happen in a courtroom which are not found in text books, Go with experience it tends to win the day.

FIVE: DON’T HIRE YOUR UNCLE FRED OR COUSIN LEON JUST TO SAVE A BUCK OR TWO. Your Uncle Fred or Cousin Leon may be licensed lawyers but if they work full time for a shoe manufacturer and worry about patients and contracts eight hours a day they probably are not experienced in your type of criminal case. If they say, “I’ll take a vacation day from work and appear in court for you. You’ll pay me $250.00 and save yourself $4,500.00. That’s a good deal for you. . . Isn’t it?” Be polite and respectfully say “No Thank you!” Hiring a relative to do legal work which will affect the rest of your life is not the same as buying discounted snow tires from Uncle Chubby.

SIX: MONEY!!! Once you have picked out an experienced trial criminal attorney - make sure that you get IN WRITING, the amount that you will owe as a legal fee. Don’t bicker over a couple of bucks. A person’s second choice never seems to be as reassuring as their first choice. The reason one attorney may choose to charge more then some other attorney is that she values her time more than another attorney. The attorneywho charges $35.00 per hour feels comfortable with that amount and believes that is his worth. The Attorney who charges $150.00 or $225.00 per hour, does so because she is quite busy already and the market will pay more for the experience such an attorney brings to her cases, No one seeks out a discount dentist or a wholesale cut-rate surgeon - - don’t look for a cheap lawyer.

SEVEN: KEEP IN TOUCH. If you move, let your lawyer or her secretary always know your new address. If you get a new phone number, let your lawyer or her secretary always know your new telephone number. If you are asked for documents, GIVE THEM TO YOUR LAWYER AS SOON AS POSSIBLE. If you remember new facts, report them to your attorney while you still have them in mind. If you make telephone calls to your attorney, write down the questions that you are going to ask ahead of the telephone call. It is usually not good to call your attorney 4 or 6 time a day. Your attorney can’t have conferences or do intensive research on your case if she is constantly on the telephone. PAY YOUR ATTORNEY PROMPTLY. Nothing warms the heart of an attorney like receiving payment on time, just as it has been scheduled. ALWAYS BE HONEST WITH YOUR ATTORNEY. In case you missed that. . . ALWAYS BE HONEST WITH YOUR ATTORNEY.