Competence.
Listen
actively as you interview lawyers. Does s/he make sense? Does s/he
specialize
in the area of law you discuss? How about recent
specialized training in the relevant areas?
Affiliations.
Does the lawyer belong to defense attorney associations that give
credibility
to their DUI talking points. Common defense lawyer affiliations are:
A.C.L.U.,
Local Bar Associations (Los
Angeles, Alameda,
San
Francisco, Sacramento, Fresno, etc.), California
DUI Lawyer
Association, California
Public Defenders Association, California Attorneys for Criminal
Justice, National
Association of Criminal Defense Lawyers, National
College for DUI Defense, & the American
Bar Association.
Someone you can
trust. Can you speak with and trust
the
attorney you interview? Do you feel relieved and free to talk? Were you
"talked down" to, were you treated with respect?
Have any complaints
been made against the attorney in the past? Does
s/he do what they say they will do? Did they show up for your
appointment
on time? Use common sense.
Experience
& Skill. Does the lawyer have
experience
in the criminal justice system? What experience in the system does s/he
have? If the lawyer holds himself out to be a "specialist," s/he must
have
passed a special examination given by the State Bar of California.
There
is currently no category for DUI specialist, although such expertise
will
help win your case.
Criminal Defense
or DUI Attorney. Because DUI is one
of
the most frequently charged offenses against the average, everyday
citizen,
some attorneys specialize in DUI matters. Criminal defense attorneys
represent
you in DUI and other criminal matters as well.
Reasonable
Fee. Attorney fees are always
negotiable
in criminal and DUI cases. Fees are usually paid up-front or in
payments
prior to the end of the case. Many attorneys will accommodate an
individual's
special circumstances and you should always inquire about the ability
to
pay over time. Most attorneys will allow this if you have to go to
trial
due to an uncooperative prosecutor.
What about
costs? Ask before you sign. You
should
have clear questions about your matter at the consultation. Expect your
attorney to be a communication expert. Expect to understand and be
understood.
Expect a thorough interview about the facts of your case. Ask questions
and tell the attorney all of your concerns.
What do Attorneys
do? DUI and other misdemeanor matters
take at least two or more appearances before trial, let alone
out-of-court
time. Does the fee include a discovery motion, a motion to suppress, a
recusal motion, or a motion to dismiss? Does the fee include trial?
Does
the fee include the DMV hearing? Every DUI case must challenge the
state's
taking your license or you automatically lose.
What to do
next. Get a written quote and seek a
second
opinion. A retainer agreement is a legal contract that binds you to
certain
obligations including paying an attorney a fee. Sign a contract only
when you feel sure about the attorney of your choice.
Non-refundable
fees. Many attorneys quote a flat,
non-refundable
fee for legal work on your case. This is legal in California because
the
attorney is setting aside valuable time for your matter and most likely
giving up other business. Before you sign on the dotted line, make sure
you are certain about your choice of an attorney. Use common sense, and
don't forget you can fire your attorney at any time.
The
State Bar