Choosing the right attorney to defend you in a criminal case is one of the most critical decisions you’ll ever make. As a former San Diego Public Defender with 17 years of experience, I’ve seen the full spectrum of legal talent—from exceptional to subpar—in both the public and private sectors. While public defenders are appointed, when hiring a private attorney, the choice is entirely yours. But how do you ensure you’re making the best choice? Here’s a guide to help you navigate this crucial process.
Why Choosing the Right Attorney Matters
Your attorney holds significant power over your defense strategy. They decide which witnesses to interview, which experts to consult, and what motions to file. Essentially, all major decisions about your case rest in their hands, except for two: whether you will testify and whether you’ll accept a plea deal. Given this, selecting the best lawyer isn’t just important—it’s vital to the outcome of your case.
How to Find the Best Lawyer
Here’s how to avoid common mistakes and ensure you’re choosing a top-notch attorney:
1. Consult the Public Defenders Office
Start by reaching out to the Public Defenders Office. Those in the legal field—especially public defenders—often know who the top private attorneys are in a particular area. Since they don’t compete with private attorneys, they can offer unbiased recommendations. Ask a few public defenders, “Who are the top three private attorneys in this field?” You’ll start to notice certain names repeating, which can help you identify the most respected lawyers.
2. Research Their Background
Once you have a list of potential candidates, it’s time to dig deeper. Google them, but don’t focus on their marketing materials. Instead, look for news articles, published treatises, training sessions they’ve conducted, books they’ve authored, and major cases they’ve handled. The more high-profile cases they’ve taken on—and the more successful outcomes they’ve achieved—the more likely they are at the top of their field. Top attorneys don’t just handle any cases; they tackle the most serious offenses and make headlines doing so.
3. Examine Their Appellate History
Another key factor in determining an attorney’s prowess is their track record with appeals. Attorneys who have successfully appealed rulings and had decisions overturned gain significant respect in the courtroom. You can research this through legal databases like Westlaw, LexisNexis, or Casetext by searching for appellate cases in the state where the lawyer practices. If a lawyer has a strong appellate history, it indicates strategic thinking—a quality you want in your defense attorney.
4. Schedule a Consultation
After narrowing down your list, schedule consultations with your top picks. This step isn’t about verifying their qualifications—you’ve already done that—it’s about finding the right fit for you. During the consultation, pay attention to how they communicate. One of the most common complaints clients have is that their lawyer doesn’t return calls promptly. Ensure that your lawyer commits to returning your calls within a reasonable timeframe, like 24 hours.
Discuss the specifics of your case and listen to how they plan to investigate and defend you. Ask about the legal theories they might pursue and the motions they consider relevant based on the initial information you provide. Although strategies may evolve, a competent lawyer should offer specific insights during your first meeting.
5. Make Your Decision
Now it’s time to decide. Consult with trusted friends or family, but remember, the cost shouldn’t be the only factor. Yes, legal representation is expensive, but this is not the time to cut corners. The consequences of your case will have a long-lasting impact on your life, so choose the best attorney you can afford. Remember, top attorneys don’t need to advertise, and their services aren’t cheap.
The Importance of Thorough Research
Most people rely on Google searches or lawyer referral services to find an attorney. However, it’s important to understand that many lawyers pay for these services, and the rankings or reviews you see may not reflect the true caliber of the attorney. While online ratings might work fine for choosing a restaurant, they’re not sufficient for selecting a lawyer who holds your future in their hands.
By following the steps outlined above, you can confidently hire a well-qualified, respected attorney who is truly at the top of their field.
Conclusion
Selecting the right lawyer is a process that requires careful consideration and thorough research. Don’t rush the decision. Your choice of attorney will directly impact the course of your defense and the outcome of your case. Use the resources available to you—especially insights from those within the legal field—and take the time to make an informed decision.
Note: This guide is meant to provide general advice and does not serve as a lawyer referral service.
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