How to Hire a Defense Attorney
I hope this post has no relevance to you or your loved ones. But if you or a loved one ever does get charged with a crime, one of the difficulties is finding the right lawyer to help. You’ve probably never had to look for such a lawyer before, everyone looks good on their website, and you don’t know how to make what could be a life-changing decision.
I was a federal prosecutor for 11 years, and I’ve been a defense attorney for more than five years. Based on that experience, here are some thoughts on what you should consider when hiring a defense attorney for a white-collar case:
Are you going to plead guilty or defend yourself? Most defense lawyers can handle plea negotiations and sentencing, and most lawyers can help you cooperate with the government if that makes sense. But going to trial is different. If you’re thinking about going to trial, ask how they have handled similar cases and about their last trial. This will help you get a sense of who the lawyer is, how they build a defense, and how they will be in court. And remember that white-collar cases are very different from murder or drug cases – look for relevant subject-matter experience.
Ask how the work will be done and get a sense of the overall budget. If you hire a big law firm, you might end up paying a lot of money for the initial stages of a case and run out of money before you even get to trial. Or you may hire someone who delegates much of the work to an inexperienced colleague who may make mistakes or not be around later. This is especially important if you’re planning to go to trial, as trials can take a lot of resources.
Connections only go so far. Don’t hire someone just because they know the prosecutor or used to hold a senior position in the prosecutor’s office. In particular, I would be very skeptical of anyone who says that they can get a case dismissed just because of their connections. In my experience, that does not work with federal cases, especially federal cases that have already been charged.
Don’t just rely on Google ranking and don’t just go with the first person you call. One of my former clients called many attorneys before deciding to hire me, and I encourage you to do the same. Hiring an attorney is an extremely important decision that could affect the rest of your life – I’ve heard from people whom I could have helped if they had contacted me earlier but could not help because their initial attorneys made some bad decisions. This may be the most important decision you make as a consumer - take some time and shop around.
Ask to speak with former clients or for references. Even if you don’t talk with them, it might be a red flag if the attorney does not have anyone to refer you to.
Do not go into an interview with the government unless you have prepared with your attorney. If a lawyer walks you into an interview with the government without preparing you or at least trying to prepare you, fire the lawyer, walk out, and re-schedule the interview with another lawyer.
Your lawyer should tell you what you need to hear, not what you want to hear. This is a difficult situation involving a complicated process that you probably do not understand, and you need good and realistic advice, not false promises. In particular, I would be skeptical of any defense attorney who does not explain to you the elements that the government needs to prove in order to convict you - I’ve seen many situations where lawyers did not explain key concepts such as “willfully” and “deliberate ignorance” or have provided people with misinformation about those topics.
I generally handle health care fraud cases in federal court, particularly on behalf of people who want to fight the government’s charges and are going to trial. I’m probably not the right person for other types of cases, but I can also help point you in the right direction if you want to contact me - I know lots of attorneys all over the country and am happy to provide references and recommendations if possible.
