How Should I Go About Selecting A Lawyer To Represent Me At Trial?

Like every other profession, there are numerous attorneys who are dedicated to charging fair fees and zealously representing their clients. On the other hand, there are numerous attorneys who are either not qualified in certain matters, but will become involved if 'the price is right,' or who are not dedicated to putting the interests of the clients first. If you are charged with a criminal offense in state court in Texas, there will be several considerations before you can select an attorney who is truly committed to giving you the best representation possible.

First, we suggest that you hire an attorney who practices almost exclusively criminal law. Criminal defense is a highly specialized field of law and it is very difficult for an attorney who practices in several areas of the law to have the knowledge necessary to provide the type of representation that a person who is charged with a criminal offense deserves.

Second, we suggest that you hire an attorney who is certified by the Texas Board of Legal Specialization as an expert in criminal law. Approximately ten percent of attorneys are certified by the Board as specialists in a particular area of law. In order to obtain a certification as being specialized in criminal law, an attorney must, among other things, submit an application to the Board setting forth the trials and appeals he or she has handled in both state court and federal court as well as the continuing legal education he or she has received in the field of criminal law. The Board obtains evaluations about the attorney from judges, prosecutors and other criminal defense lawyers. Finally, the attorney must pass a rigorous examination testing his or her knowledge of both state and federal law.

Third, we suggest you look at other ratings, in addition to being certified by the Texas Board of Legal Specialization, to determine if the lawyer that you are considering hiring is the lawyer you really want. For example, Martindale-Hubbell is a legal directory that rates lawyers. A rating of "AV" is the highest rating from Martindale & Hubbell. Likewise, each year a small percentage of lawyers are rated as "Super Lawyers" in particular practice areas by their peers. Ideally, you would want a lawyer that is "AV" rated and is considered a "Super Lawyer" in the field of criminal defense by his or her peers.

Fourth, you should look at various organizations that a lawyer is a member of to determine the lawyer's dedication to his profession and specialty. Is the lawyer a member of the National Association of Criminal Defense Lawyers and the Texas Criminal Defense Lawyers Association? Is the lawyer a member of his city's criminal defense organization? Membership in these organizations shows that a lawyer really wants to be a criminal defense lawyer and is interested in criminal defense issues.

Fifth, you will need to determine whether you want to hire a local lawyer or one from out of town. For misdemeanor charges, it is usually cost effective to hire a local lawyer and cost prohibitive to hire a lawyer from out of town. Nevertheless, for a felony offense, it is sometimes no cheaper to hire a local lawyer as opposed to a lawyer from out of town. Part of your consideration should be based upon how you think your case will be resolved. If your desire is to obtain a favorable plea bargain, it generally makes sense to hire a local lawyer with close and friendly ties to the prosecutor. On the other hand, if you anticipate a knock down, drag out trial, perhaps an out of town lawyer who will not have to worry about offending a prosecutor that he sees on a regular basis is a better choice.

Sixth, it is extremely important for you to understand the fee that the lawyer will charge. A lawyer may tell you that it will take $xxx to "get started" on your case, but you need a lawyer that will also be there for the finish. You must determine, before your hire a lawyer, what the total charge will be for your representation. Also, stay away from any lawyer who requests a "performance bonus" if he obtains a certain result. It is not proper for the lawyer to make such a request under the Texas Disciplinary Rules of Professional Conduct. You do not want to hire a lawyer that violates the professions code of ethics.

Seventh, just as important, is deciding what type of lawyers to stay away from. Former prosecutors will likely tell you that experience from "the other side" is a valuable asset or that they can get you a "special deal." You want an attorney who believes in your innocence and does not approach your case as a prosecutor where you have to prove your innocence. Also, you must be very wary of any attorney who tells you that he can get you a "special deal" because he or she was a former prosecutor or "knows" the judge. That is NOT how the system works.