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.), Assoc. of California Deuce Defenders, 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