7-Key Questions for a Criminal Defense Lawyer

7 Key Questions to Find the Right Lawyer for your Criminal Defense

1. The first question to ask would be simply, How many years has the Manhattan criminal lawyer practiced criminal law.Someone with a fair number of years of experience, such as 10 years or more, would be preferred. Your future is too important to hand over your defense to a new law school graduate.

2. The second question you'll want to learn the answer to will be how many trials has the lawyer handled. This is important because your lawyer should be familiar and confident with the process. There are some so called "criminal lawyers" who rarely, or never go to trial and are known as "settling attorneys". Many times they aren't comfortable in trials, and even if it isn't best for their client, they find a way to settle without going to trial. The prosecution can sense that fear of going to trial, which can have a detrimental effect on possible plea bargaining for the client. Definitely, a lawyer who has tried 50 to 100 or more cases will maintain a stronger bargaining position.

3. Another thing you should determine is the number of jury trials the attorney has handled. Additional areas of expertise are needed in jury trial with facets like selecting jurors, and knowing how to be persuasive to jury members. As you can probably guess, more experience with jury trials is better than less. If your Manhattan criminal defense lawyer has handled 40 or 50 jury trials, he or she should have learned a lot about strategy in that area.

4. While you can certainly ask a potential lawyer about his or her experience, an even better way to determine that is is through a reliable certification process. Some states recognize specializations in different areas of law and if a lawyer qualifies according to the state's requirements, he can reflect that specialization in his marketing and advertising materials. However, many states don't allow specializations (including my state of Oklahoma). Fortunately, there is a national certification available through the National Board of Trial Advocacy This is a very rigorous certification process, requiring significant experience in criminal trials, a written exam, peer review and recertification every 5 years.

If a lawyer has achieved this certification, you have an unbiased third party validation of her experience, instead of having to rely simply on what the lawyer says about her ability.

5. Something else you should ask about is how and when the Manhattan criminal defense lawyer will communicate with you. Use the first consultation (which is often free, however be sure to ask ahead of time) to assess whether you will be comfortable and confident handing your case over to this person.

6. Make sure to ask if the lawyer you think you are hiring will actually be the one who is handling your case. This is important because some firms will have you talk to a lead lawyer initially and then give your case to a newer lawyer in the firm to handle. I believe a criminal charge deserves an experienced and seasoned lawyer, not someone just out of law school.

7. Ask about the costs involved. Find out whether the lawyer charges an hourly rate or a flat fee. Obviously, it is better for you, the client, to get a flat fee. That way you know exactly how much you need to pay as opposed to being concerned that the lawyer is trying to string things along in order to increase his fees. Also, determine what is covered in the flat fee, such as does that fee cover fees for a trial or will there be additional costs for that?