How To Find A Criminal Lawyer
Finding the best lawyer is hard. Internet marketing and advertising can make it even tougher. Call me biased, but here are 10 tips from a criminal defence lawyer’s perspective.
Ask a trial lawyer you trust
Good lawyers know other good lawyers
As the saying goes, quality recognizes quality. If you are an excellent electrician, plumber, or drywaller, you are going to have the knowledge needed to recognize good work in your field. The same is true of lawyers, especially trial lawyers who spend a lot of time in the courtroom.
If you have ever used a family lawyer for divorce proceedings, a civil lawyer for business matters, or even a wills lawyer to plan your estate, talk to these people to get a referral that you can trust.
Expect a free consultation
An industry standard
There is no replacement to sitting and talking with someone. A defence lawyer is no exception. Being in the same room as someone allows you to get an impression of them, and also allows the lawyer to get an impression of you and your case.
Remember that this is the same person who will be speaking on your behalf to a judge or jury. What is your first impression when you see them? How do they carry themselves? What feelings do you have when they speak to you? A judge or jury will be considering the same things when they hear your case. Make sure that the message being sent on your behalf is the right one.
Bring a family member or friend
Two (or more) heads are better than one
If you ask two different people for their view on anything, rest assured you are somehow going to get at least three opinions in return. Everyone has their own impression (sometimes more than one), and it is human nature for us to focus on different parts of a conversation or meeting.
Having someone else in the room with you during your consultation, will allow you to compare notes after the meeting is done. This is especially true where a family member or friend will be helping you to pay for the lawyer. Why would someone pay for a service when they have no idea who the provider is or what they are about?
Some of the most productive client meetings I have had, have come with entire families in the room asking many different, difficult questions. A criminal defense attorney is used to speaking to an audience (some of us like it a little bit too much) and this will give you a good opportunity to see how they connect with a crowd, which is what jury trials are all about.
Ask about their costs
A great lawyer is not necessarily a cheap lawyer, but they are clear about their price
Many lawyers like to quote “initial retainers”, which is money they expect up front without giving an estimate on the total cost of a file. That may work for some people, but if my mechanic asked me to sign a blank cheque, I would tell them as nicely as I could to take a hike.
Lawyers like to sometimes get all high and mighty, but they should be held to the same standards as everyone else. Your criminal defence lawyer should be able to provide you with a set price, and be willing to put it into writing for you.
Watch how well they listen
You have to know someone, to advocate for them
The stereotype of the fast talking, slick criminal defence attorney, is an idea better left for movies or TV. Part of a lawyer’s job is to speak for you in court. There is no way to do that without listening very carefully to what you have to say.
It is the small details that often reveal a lot about us. Does someone take the time to remember your name and the name of your spouse when you first meet? Do they ask the same questions from previous conversations or do they actively listen and take notes? You can tell when someone is being attentive and should expect that quality from someone representing you.
Watch if they are money focused or law focused
It’s about values
A good lawyer expects to be fairly paid for their work, but their job is to perform an important service, not just collect money. The point of a consultation is to learn about your case and what to expect. If the lawyer spends the entire meeting talking about getting paid, what have you learned?
Keep an eye out for these legal points to see if the lawyer knows their stuff:
1. Well known cases relating to your charges
2. Sentencing ranges for your charges, including mandatory minimums
3. Additional orders (probation, driving prohibitions, weapons prohibitions, etc.)
4. Knowledge of how criminal records work (including travel issues, impact on employment, criminal record checks, and pardons)
Watch if they promise results
People are only as good as their word
It is hard to trust people who make promises they can’t keep, and for good reason. The foundation of a lawyer to client relationship is trust. If you do not have faith in someone, how can they advocate on your behalf?
A lawyer who promises a certain outcome in a first meeting – let’s say to get the charges dropped or to avoid a criminal record – is telling you something they cannot know. A lawyer can talk to you about goals, and promise to do their best legal work to meet those goals, but what ultimately happens with your charges is not up to them. It is up to the Crown (lawyer for the government) or up to a judge or jury who is hearing your matter.
Good lawyers do not like to lose and stand by the quality of their work, but there is a difference between confidence and guaranteeing an outcome that is out of your hands.
Ask them about their area of practice and experience
Are they a criminal prosecution lawyer or something else?
No one wants to be a guinea pig, especially when so much is on the line. If you were taken to the ER for an emergency heart surgery, and were introduced to your surgeon who was a foot doctor fresh out of medical school, you would be understandably concerned!
The same is true of lawyers. There are many different areas of law, and many different types of matters within a single area. In criminal law, charges can extend all the way from a mischief under 5000, or a theft over 5000, to serious drug trafficking in Canada, or even second or first degree murder.
There is nothing improper about asking a criminal defence lawyer about what types of charges they have experience with, or when they started practicing law. If a defense attorney does mostly drive impaired cases, do they really know how to fight a drug trafficking warrant, or cross examine a sexual assault complainant in front of a jury? If they are a jack of all trades who does everything from tax law to real estate, do they have enough specialized experience to fight a criminal charge?
Do not be afraid of asking hard questions to know who you are dealing with. If someone takes offense to those questions, it will tell you a lot about their confidence and professionalism.
Be skeptical of online reviews and awards
Internet talk is cheap
Being a good criminal lawyer is not necessarily the same thing as being a good business person. Just because someone owns the website criminal lawyer ca and knows how to advertise, does not mean that they know the ins and outs of the Criminal Code, or how to argue the law to a judge or jury.
Internet awards are also a reminder of the tag line from the TV program Whose Line Is it Anyway – “the show where everything’s made up and the points don’t matter”. Many “awards” are given out simply by a lawyer applying for them, or even being “nominated” by their friends. This can make it difficult to determine what is real and what is not when it comes to claims of being the “best criminal lawyer in Winnipeg”.
It always pays to be skeptical of what we read online. Reviews can be faked and awards can be made up. Doing your research and asking a lawyer difficult questions in person, are the best ways to find someone who is the real deal.
Go with your gut
Trust your instincts
At the end of the day, you will need to trust whoever you hire to represent you. The same thinking that we apply to everyday situations – meeting someone for the first time or talking to a salesperson at the store – will serve you well in deciding on the right lawyer. If something doesn’t feel right or doesn’t pass the smell test, pay attention to that feeling.
We are not perfect at figuring out someone’s true intentions, but humans have instincts that are many, many years in the making. We rely on this intuition everyday and it is not something that should be left in the waiting room of a lawyer’s office.
Need to find your way forward with your Criminal charges? Head over to the Contact page to arrange a free consultation.