With the arrival of 14 paramilitaries extradited from Colombia, now is a good time to discuss how to go about choosing a lawyer. Defendants can easily become overwhelmed when choosing a lawyer because they may not know what qualities to look for. It is like shopping for a new suit. You go to a clothing store and there are hundreds of suits to choose from. How do you distinguish the good suits from the bad? And what actually makes a good suit “good?”
When choosing a lawyer, the most important criterion is experience with the specific type of law related to your case. Lawyers, like doctors, have specialties. Criminal law is a very broad field, with lawyers specializing in everything from narcotics and money laundering to white collar corporate crime. And much like doctors practice in certain hospitals, lawyers practice in certain courts and districts (there are federal courts and state courts). A lawyer who consistently practices in the court where your case is, will be familiar with the prosecutors, the judges and the policies, and will know the “market value” of your case in that particular court. He or she will also be able to predict the most likely outcome of the case. However, a lawyer who does not regularly practice in that court can also determine the most likely outcome of the case by speaking with other lawyers in that district. But the sine qua non is that the lawyer you choose must specialize in your kind of case.
How do you find a lawyer whose specialty relates to your case? This is generally done by word of mouth. Another way to find an attorney is to search the internet. But once you have found an attorney you are interested in hiring, contact him or her and ask a few questions. What kinds of cases has the lawyer had? How long has the lawyer been practicing? What courts has the lawyer practiced in? Judge how qualified a lawyer is by asking questions. Do not be fooled by charm. Experience is the most important basis for choosing a lawyer. Practicing law is about making judgments. More experience means better judgment.
Once, a defendant who had been arrested on drug charges showed me the business card of a lawyer he was interested in hiring. The defendant was being prosecuted in federal court. I recognized the name of the lawyer. He made his living defending street crimes, and was very successful at it. He was a nice person, but he had no experience with federal drug cases. But because the lawyer had a charming personality, the defendant wanted to retain him. Wrong decision.
Do not pick a lawyer based solely on a friend or relative’s recommendation. While a particular lawyer may have been the ideal choice for your friend, that does not necessarily mean that the same lawyer will be an ideal choice for you. Again, it is like choosing a suit. No matter how good it looks on someone else, it may not look good on you. It must be a comfortable fit. If you find a lawyer who is experienced in your kind of case then it is simply a matter of how comfortable you are with him or her. If you can pick a friend you can pick a lawyer.
Once you have hired a lawyer though, you may feel that you have made a mistake. In that case, fire your lawyer. Get another attorney as soon as you recognize that you are having a problem. Do not wait until the end of the case. It does not matter how much money you have spent already or whether you have any more money. It is better to get a government appointed attorney rather than stay with a lawyer you do not have confidence in. You cannot let events or economics dictate your fate. Get the lawyer that you deserve.