Federal Prison Consultant Discusses Selecting a Defense Attorney.

Defendants wonder how to choose a defense attorney. And almost every defendant wonders if he made the right choice at some time during his case.

Both concerns could not be more valid.

Many things factor into the choice of defense counsel. Price, experience and reputation are issues that must be considered. It also helps to know your strategy.

Are you going to plead out? If so, then you may want a different lawyer than if you plan to go to trial.

Once you get past basic competence – is the lawyer an expert regarding your charges – there are other, more subtle factors. Is the lawyer you are considering familiar with the judge and prosecutor? Does the lawyer have too many other clients? Is the lawyer distracted by family or business and not able to devote sufficient time and attention to you?

Do not be shy. The selection of a lawyer usually has a material impact on the outcome of your case. Get as many recommendations as you can and interview the lawyers. Go to their office. Look for staff support. See whether there are other clients loitering around. Ask to talk to someone they have recently represented. Ask about their record, their expertise regarding your charges, and their familiarity with the prosecutors and the judge.

Act quickly, but be thorough. Do not be impulsive. Act as though this is a major decision because it is. Talk to several different lawyers. Get referrals from every valid and reliable source available to you.

Once you have chosen your lawyer, you should not walk away from the situation. Usually you are going to be a vital source of information to your lawyer regarding your case. You are also going to have to make critical strategic and tactical decisions in your case. Your decisions on these issues is only going to be as valid as the information upon which those decisions are based. Participate, learn, watch and listen.

But what if, after you hired a lawyer, you start to get that funny feeling … did I make the right decision? If you are having problems with your lawyer, imagine how he is perceived by the prosecution and the judge. And if you plan to go to trial, imagine how he will be perceived by a jury.

Because the decision to hire a criminal defense lawyer is made at a time when you are not at your level-headed best, mistakes are made.

If you think you made a mistake and hired the wrong lawyer, admit it and move on. The chances of winning an appeal based on the argument that your lawyer was not competent are extremely low.

If you think your lawyer is making mistakes or mishandling your case, then you owe it to yourself to bring that to the attention of your lawyer. Let him know that you think there is a problem. If he can fix the problem, then you may be fine. And if he cannot or will not fix the problem, then look for a replacement.

At least when you look for a replacement lawyer, you will have the perspective derived from your bad experience with lawyer number one. You will have learned something and can avoid making the same mistake. Often times you can get your trial date moved so the new guy can get up to speed. And the prosecution and the judge may even appreciate your decision if the replacement lawyer is actually an improvement.

Remember that they are working for you.