How should I find a defense lawyer?
Recently arrested people should usually talk to a lawyer as soon as possible. Often, the most urgent priority is getting a lawyer to arrange a defendant’s release and provide some information about what’s to come in the days ahead.
If you have been represented by a criminal defense lawyer in the past, that is usually the lawyer to call — assuming you were satisfied with his or her services. If you have no previous experience with criminal defense lawyers, you can look to the following sources for a referral:
• Lawyers you know. Most lawyers do civil (noncriminal) work, such as divorces, drafting wills, filing bankruptcies, or representing people hurt in accidents. If you know any attorneys that you trust, ask them to recommend a criminal defense lawyer.

• Family members or friends. Someone close to you may know of a criminal defense lawyer or may have time to look for one.

• Nolo’s Lawyer Directory. Nolo offers a unique lawyer directory that provides a comprehensive profile for each attorney with information that will help you select the right attorney. They tell you about the lawyer’s experience, education, and fees. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost involved, and provide you with a clear, fair, written agreement that spells out how they will handle your legal matter and fees. For more information, see http://www.nolo.com.

• AVVO Lawyer Ratings. Avvo rates and profiles every attorney, so that people can choose the right attorney. Lawyer profiles contain helpful information including a lawyer’s experience, areas of practice, disciplinary history, and ratings from clients. Profile data comes from many sources, including state courts and bar associations, lawyer websites, and information provided by lawyers, see http://www.avvo.com

• Referral services. Some lawyer referral services carefully screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance.
• Courthouses. You can visit a local courthouse and sit through a few criminal hearings. If a particular lawyer impresses you, ask for her card after the hearing is over, and then call for an appointment.
What is a private lawyer likely to cost?

It’s impossible to give a definitive answer. Attorneys set their own fees, which vary according to a number of factors:

• The complexity of a case. Most attorneys charge more for felonies than for misdemeanors because felonies carry greater penalties and are likely to involve more work for the attorney.
• The attorney’s experience. Generally, less-experienced attorneys set lower fees than their more-experienced colleagues.
• Geography. Just as gasoline and butter cost more in some parts of the country than others, so do lawyers. An experienced criminal defense attorney in South Florida will charge much more than one in South Dakota.

In South Florida, a defendant charged with a misdemeanor or DUI should not be surprised by a legal fee in the neighborhood of $2,500-$5,000; an attorney may want $15,000-$25,000 in a felony case in state court and double that in federal court. Most criminal defense attorneys want all or a substantial portion of the fee paid up front, especially in federal court cases. Contingency fees (where the lawyer gets paid only if he wins the case) are not allowed in criminal cases.
Can I change lawyers if I’m unhappy with the one representing me?
Requests for a change of public defender or court-appointed lawyer are rarely granted. A defendant would have to prove that the representation is truly incompetent.
On the other hand, defendants who hire their own attorneys have the right to fire them at any time, without court approval. A defendant doesn’t have to show “good cause” or justify the firing. After firing a lawyer, a defendant can hire another lawyer or perhaps even represent herself. Of course, changing lawyers will probably be costly. In addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned.

This entry was posted on Friday, July 23rd, 2010 at 1:36 pm and is filed under Driving Under the Influence. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.