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Information You May Want to Consider Before Hiring a Criminal Lawyer by Tulsa Criminal Attorney Kevin Adams ©2008 Tulsa, Oklahoma
Hiring a criminal lawyer can be confusing and frustrating, especially for those individuals who have never had any dealings with the criminal justice system. Lawyers are trained to be persuasive and unfortunately some attorneys are unethical. Hiring a criminal attorney is especially frustrating because not only is it expensive, but your liberty is at stake. Before you hire a criminal lawyer there are some very important things that you should know.
Look for an ethical criminal attorney You should seriously consider hiring a trial lawyer The prosecutor assigned to your case will know if your attorney is a trial lawyer Most criminal lawyers have little or no trial experience Ask any prospective attorney for a list of cases they have taken to jury trial Serious criminal charges require serious criminal lawyers Look for Independent References
Just as with any other purchase “Buyer Beware”. You should take it upon yourself to carefully research a lawyer before spending hundreds or thousands of dollars on the lawyer. Just because somebody you know says that a lawyer is "good" does not make it so, you should take your time and do some research before hiring a criminal attorney. Ask the attorney how many open cases they currently have. Ask the attorney how many days a week they appear in court. If an attorney has fifty or one hundred open cases and appears in court 3 to 5 days a week, than how much time will they be able to devote to your case? If you have a case that will require a lot of attention, you may want to consider hiring an attorney with a smaller case load. Ask the lawyer how long he or she has been practicing. Just because a lawyer is older does not mean they have been practicing law for a long time.
If it sounds too good to be true, it probably is. If you met with an attorney and the attorney promises you the moon, you should be leery of that lawyer. Ask a lawyer who makes such promises to make those promises in writing. I suspect they will not make those promises in writing. What does you gut instinct tell you. Do you like the lawyer? Is this someone that you feel comfortable trusting to defend you in a criminal case. Is this lawyer just telling you what they think you want to hear? Some criminal lawyers engage in scare tactics. A lawyer should discuss the potential penalties of the offense you are charged with; however, some attorneys attempt to scare clients into hiring them. If you feel like your lawyer is trying to scare you into hiring them, you may want to look elsewhere. Ask the prospective lawyer questions that will give you insight into who they are as a person. Questions such as why did you decide to go to law school? What made them decide to be a criminal lawyer? If you meet with an attorney and that lawyer tells you things such as “I play golf with the judge” or “the prosecutor and I are friends” be leery. There are hidden messages in statements such as these. The message is that because of the relationship that this lawyer will be able to get the judge or prosecutor to do something that they otherwise should not do. If a lawyer tells you things such as this, you should consider if that lawyer’s loyalties will be to you or to maintaining the relationship they claim to have with the judge or the prosecutor.
Insist on having a written fee agreement. Make sure the agreement addresses not just how much money you will have to pay down, but how much the case will cost you through the resolution of the case. Many times clients will pay all the money they have to a criminal attorney whom after the preliminary hearing tells that person that if they do not receive more money they are “getting off the case”. Make sure the contract addresses this issue. Make sure the contract addresses expenses and scheduled payments. Get a receipt or pay with a check. Often times the most expensive lawyers are not the ones who charge the most, but they are the lawyers who do not get results for their clients. If you value your liberty; perhaphs hiring the cheapest attorney you can find is not the way to go. If you are considering hiring a cheap attorney maybe you should ask yourself; Why they are willing to work so cheap?
Even if you are not planning on proceeding to trial you should consider hiring a lawyer with significant jury trial experience. Most of the time there are many opportunities to resolve a criminal case long before it reaches a jury trial. However, there is no guarantee that the prosecutor in your case will see the case from your prospective or offer a resolution that you feel that you can live with. If the prosecutor assigned to your case does not treat you fairly without a trial lawyer representing you proceeding to jury trial may not be a viable option.
Even if you do not know whether your attorney is a trial lawyer the prosecutor handling your case will. Even if the prosecutor handling your case is a new prosecutor, as the prospect of trial approaches he or she will ask his or her follow prosecutors about your lawyer.
Most people assume that whatever lawyer they hire will be able to conduct a trial if necessary. The truth is that the majority of criminal lawyers either have never had a jury trial or have never competently represented a client at a jury trial. Representing a defendant at a jury trial is a very complicated task and requires an experienced trial attorney.
Do your homework. Be an informed consumer. Just as with any other person you would hire to work for you, ask for references. While an attorney will likely not feel comfortable giving you names and phone numbers of former clients, they should be able to provide you with a list of jury trials they have represented their clients at and the results of the trial. This list should include the case name, the case number and the verdict. Then use OSCN or other court records, to verify what the attorney is telling you. If the attorney will not provide you with this list you have to ask yourself a serious question; Do you really want to trust your liberty to an attorney that cannot provide you with this basic information? The serious criminal charges require experienced and skillful criminal attorneys. If you are charged with a crime that carries up to a life sentence you would need a lawyer that was much more experienced than if you were charged with shop lifting. Some offenses such as murder carry a mandatory life sentence. If you are charged with a crime carrying a life sentence you need a serious criminal trial attorney. In my opinion you should never hire an attorney to represent you or a family member on a death penalty case unless that lawyer is an experienced death penalty lawyer.
There are two different major independent ratings services for lawyers, Martindale.com and Superlawyers.com. If you are charged with a serious criminal offense it would be advisable not to hire an attorney unless they are listed on one or both of these independent ratings systems. I suggest you ask any lawyer you are considering hiring whether or not they are rated by these services.
Martindale.com Rating System
Listed below is an explanation of the Martindale-Hubbell peer review rating system as explained on Martindale.com.
The process of the Martindale-Hubbell Peer Review Ratings serviceThe Martindale-Hubbell Peer Review Ratings service, which evaluates lawyers and law firms in the United States and Canada, is based on the confidential opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. Martindale-Hubbell representatives conduct personal interviews to discuss lawyers under review with other members of the Bar. A compilation of these opinions from various sources is necessary to form a consensus, and lawyers under review are sometimes asked to provide professional references to assist with the process. In addition, Confidential — a Martindale-Hubbell® Peer Review Ratings™ service of secure online surveys — or paper review sheets are sent to lawyers and judges in the same geographic location, area of practice or industry as the lawyer being rated. Members of the Bar are instructed to assess their colleague's legal ability and general ethical standards. If reports indicate that the lawyer in question does not meet the highest ethical standards, further explanations are requested. Regular Martindale-Hubbell Peer Review Ratings reviews Disbarred or suspended lawyers automatically have their Martindale-Hubbell Peer Review Ratings removed. Bar admitting authorities continuously supply Martindale-Hubbell with disciplinary information. Completely Confidential An Explanation of the Martindale-Hubbell Peer Review Ratings CategoriesThere are two components to Martindale-Hubbell Peer Review Ratings: 1. General Ethical Standards Rating The General Recommendation Rating is: A lawyer must receive a General Ethical Standards Rating before his or her review can proceed to the next step. 2. Legal Ability Ratings Legal Ability Ratings are: When both categories of Martindale-Hubbell Peer Review Ratings are confirmed, a lawyer receives an CV®, BV® or AV® Rating. CV® Peer Review Rating — The CV® certification mark is a good first rating for lawyers and a definitive statement of their above-average ability and unquestionable ethics. This is the maximum rating a lawyer can receive who has been admitted to the bar from 3-4 years.
Super Lawyers Rating System
Listed below is an explanation of the Martindale-Hubbell peer review rating system as explained on SuperLawyers.com.
Super Lawyers Selection Process The objective of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and consumers in the search for legal counsel. In December 2006, Key Professional Media, Inc., retained Global Strategy Group (GSG), one of the nation's leading market research and consulting firms, to provide an independent assessment of the Super Lawyers selection process. The GSG report concluded that the process is scientific and objective and went on to state: "The broad range of sources used to obtain a large and representative nominee pool, the comprehensive data search on each candidate, the protocols used to evaluate nominees, the expert panel system, and the meticulous checks and balances built into the process … leave little to chance or idiosyncratic influence." No other legal publisher goes through the unique multi-step process that Super Lawyers employs to find evidence of peer recognition and professional achievement. Step One: Creation of the Candidate Pool Statewide survey of lawyers * Each year, we conduct a statewide survey of lawyers (except in California, New York and Washington, D.C., where we survey by region). Lawyers eligible to participate include those who have been in practice for at least five years. * This year, we will invite more than 800,000 lawyers nationwide to participate in our survey. * We ask the lawyers to nominate the best attorneys they've personally observed in action. * Nominees need not be in private practice. Lawyers may nominate legal aid attorneys, prosecutors and in-house counsel. * Lawyers may nominate attorneys in their own firm, but these nominations count only if each in-firm nomination is matched by at least one out-firm nomination. * Each nomination carries a point value. An out-firm nomination has substantially greater point value than an in-firm nomination. * Lawyers cannot nominate themselves. With our database, we are able to keep track of who nominates whom. This helps us detect any excessive "back-scratch" nominations (lawyers nominating each other) and "block nominations" (where members of the same law firm all cast identical ballots). "Star Search" process We add additional names to the candidate pool through our "Star Search" process. Our attorney-led research staff searches for outstanding lawyers by: * Reviewing national and local periodicals as well as legal trade journals * Searching numerous databases and online sources * Conducting in-person and telephonic meetings with law firms Some of the attorneys found through Star Search may have been missed in the online balloting process. Examples of lawyers often overlooked in balloting: * Lawyers with national litigation practices who rarely appear in the courts of their home jurisdiction * Lawyers in smaller firms, or from smaller communities * Lawyers practicing in less visible or highly specialized practice areas Step Two: Evaluation of Lawyers in Candidate Pool Our research department examines the background and experience of each candidate searching for evidence of peer recognition and professional achievement. Factors considered in evaluating candidates: * Verdicts and settlements * Transactions * Representative clients * Experience * Honors and awards * Special licenses and certifications * Position within law firm * Bar and or other professional activity * Pro bono and community service * Scholarly lectures and writings * Education and employment background * Other outstanding achievement Step Three: Peer Evaluation by Practice Area
Final Selection Final candidates are segmented according to firm size (firm size categories vary from jurisdiction to jurisdiction). Those with the highest point totals from each category are selected. Only 5 percent of the total lawyers in the state are selected for inclusion in Super Lawyers. Before Publishing
Disclaimer: Kevin D. Adams only provides legal advice after having entered into an attorney client relationship, which this website specifically does not create. Only after having entered into a representation agreement with Kevin D. Adams will an attorney-client relationship have been created. It is imperative that any action taken by you should be done on advice of legal counsel.* Because every case is different, the descriptions of outcomes and cases previously handled are not meant to be a guarantee of success. Home | Cases in the News | Legal Information| Commonly Asked Questions Tulsa Criminal Defense Lawyer: Kevin D. Adams
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