Hiring A Criminal Lawyer? Make Sure To Ask Them These Questions
Hiring A Criminal Lawyer? Make Sure To Ask Them These Questions
If you’re in the market for a criminal
lawyer, then chances are you need to hire one soon. Be that as it may, you
still need to perform your due diligence before hiring a stranger to take on such
an important role.
Everyone would prefer to hire the best
possible criminal lawyer available. Sadly, due to cost constraints, most of us
don’t have that option. Still, we want the best possible lawyer that we can
get. Right off the bat, it has to be someone who has experience defending the
charges that you’re facing. You can usually find out what types of criminal
offences a lawyer deals with by visiting their website and clicking on practice
areas. If they’re not online, call the lawyer’s office and speak with his or
her assistant to ascertain whether they’ve got the necessary experience.
Once you’ve narrowed your search down
to a few candidates, call their office and schedule an initial consultation.
This is usually free, and lasts about half an hour to an hour. If they’re not
available to meet right away, don’t give up on them. That’s usually a good sign
– they’re busy because they’re in demand. Make the earliest possible
appointment, and keep it.
On the day of the meeting, make sure
that you’re prepared. Being prepared isn’t as simple as having your story ready
to regurgitate. Rather, being prepared means that you’ve got all the necessary
documents, and have made all the necessary preparations.
Typically, you’ll want to bring the
following documents to the initial consultation meeting:
- Any court documents that you received, which may include documents outlining the charges you’re facing, as well as your next court date.
- Recognizance of bail – your bail papers, which usually list any restrictions that you have to abide by.
- If you or your property was the subject of a police search, they may have provided you with documentation. If so, make sure to bring that documentation to the initial consultation.
- A copy of the police report, if it is obtainable at this early stage.
At the consultation, you’re obviously
going to explain to the lawyer what happened, and how it is that you were
charged with an offence. This is essentially a story, and like most stories, it
has characters. These characters – otherwise known as witnesses, victims and
co-defendants – have an important role to play in the story. Make sure that you’re
prepared to provide the lawyer with their names, as well as any pertinent
information about them that may be relevant to your case. The lawyer will
appreciate this information, as it will make their job much easier when
determining if a conflict of interest exists. Lawyers enter the names of
witnesses, victims and co-defendants into a local database to determine if they’ve
ever represented those individuals in the past. If they have, they’ll likely
decline your case because of a potential conflict.
You should also come to the
consultation armed with a list of questions to ask. These questions should be
tailored so as to assist you in deciding which lawyer to hire. We discuss some
of these questions below.
Questions Relating to the Criminal Lawyer's Background and Experience
Your first line of questioning should
focus on determining if the lawyer has the necessary experience defending the
offence(s) that you’re charged with. There’s no sense in hiring a homicide
specialist when you’re charged with a DUI. You should ask the lawyer questions
like:
- What law school did you attend?
- When were you called to the bar?
- How familiar are you with the courthouse where my matter is bring tried?
- Do you resolve most of your cases, or do the majority go to trial?
- How is your working relationship with the Crown Attorney’s office in the courthouse where my matter is?
- What kind of experience do you have defending the charges that I’m facing? How much of your practice deals with representing clients charged with similar offences?
Questions Relating to the Assessment of Your Case
It’s natural for you to want to know
what lies ahead for you – what should you be expecting in the coming weeks and
months? Your lawyer should provide you with detailed information in this area,
but in case they don’t, you can ask them questions like:
- What legal options are open to me?
- Is my matter more suitable for a plea bargain, or a trial?
- What are the factors that work in my favour?
- What are some of the potential problems that I may encounter in the coming future?
- Are there any significant events that will take place before the trial? For example, a voire dire or a motion.
Questions Relating to Case Management
Lawyers often refer to case management when they’re describing the
logistics and stages of a legal matter. It is of the utmost importance that you
are attune to what goes on behind the scenes with your case. Many of the major
decisions respecting trial strategy and tactics are made behind the scenes, and
therefore, you should desperately try and stay informed. You can ask the lawyer
questions like:
- Are you able to represent me?
- If so, who else will be working on my file, and what role will they play in the decision making process? You may also want to meet these people.
- Will you be making personal appearances in court on my behalf, or will you be sending a junior associate or paralegal?
- If I have any questions or concerns regarding my case, may I contact you directly, or do I have to go through your staff first?
- Once I contact you, how long will it usually take you to reply? One business day, two business days, etc.?
Questions Relating to the Legal Fees Payable
The vast majority of criminal lawyers offer clients block-fee billing,
which is essentially a flat fee amount for handling your matter. Some lawyers,
however, may still bill by the hour, and if that’s the case, you should ask the
lawyer to estimate the number of hours your case will likely need. This
information will help you make an assessment as to your financial capabilities
to pay their legal fees. Make sure to ask the lawyer questions like:
- What is your method of billing – flat rate or hourly fee?
- If they charge by the hour, what is their rate? How much of an initial retainer deposit will they want?
- If they use a flat rate system, then make sure to ask them what exactly is included in the flat rate? Perhaps a better question to ask is what it doesn’t include? How much of the flat fee is payable up front, and how much can you pay off incrementally?
- Are there any other expenses that you may be liable for? For example, expert costs, disbursement, and transcription costs.
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