TRUTH ABOUT HIRING A CRIMINAL DEFENSE LAWYER* Brian Tannebaum. whole truth and nothing but the truth,

Transcription

1 THE TRUTH ABOUT HIRING TRUTH ABOUT HIRING A CRIMINAL DEFENSE LAWYER* DEFENSE LAWYER* Brian Tannebaum *The whole truth and nothing but the truth, whole truth and nothing but the truth, and not the truth that will lead you to hire me. not the truth that will lead you to hire me.

2 DEDICATION To all those who call and say all those who call and say I m not happy with my lawyer. not happy with my lawyer.

3 Praise for The Truth About Hiring A Criminal Defense Lawyer I'm hooked. Brian has put together the truth as any honest, competent defense lawyer knows it. Scott Greenfield Former Vice President, New York State Association of Criminal Defense Lawyers This is is good and useful stuff, much better than the usual bland "how to to hire hire a a lawyer" advice you'll find on your local bar association's web site. Read it. Learn it. Live it. Mark Draughn, Software Developer Chicago, Illinois A must-read for persons facing criminal This is a much needed book for the public prosecution. and it is is excellent. It is is an an easy read, written by a a top top of the of the line line criminal criminal John H. Bryan defense lawyer that tells potential clients West Virginia Criminal Law Blog the real truth about how to wade through wvcriminaldefenseattorney.wordpress.com all the publicity to find the real gold; the best criminal defense lawyer for their cases. Attorney Tannebaum is not sugarcoating his truth. Big Alabama Law Blog Brian provides an excellent introduction to the task of hiring a a criminal defense lawyer. I recommend it to anyone looking to hire his first criminal defense lawyer. Or his second, though getting the right lawyer after you ve already hired the wrong one is much more costly than getting it right the first time. Mark Bennett President, Harris County Criminal Lawyers Association, Houston, Texas StephenEverhart Everhart Professor of Law Stetson University College of Law St. Petersburg, Florida I admire the the honesty and and straightforwardness of The Truth About Hiring a Criminal Defense Lawyer. I I believe that too many people in today's fast food driven and marketing to the masses society are simply looking for cheap, tasteless, low quality product or service instead of a quality product. In truth, where a person's freedom, future, and reputation is at stake, isn't it it true that there really are are some things that are priceless? Glen R. Graham, Criminal Defense Lawyer Tulsa, Oklahoma

4 TABLE OF CONTENTS OF CONTENTS Introduction 4 Money 6 Advertising 11 Prior Results 15 Results Expertise/ Types of Criminal Defense Lawyers 16 of Criminal Defense Lawyers Former Prosecutors 22 Connections 24 Conclusion 26 Epilogue/Secrets to Being a Good Client 27 to Being a Good Client

5 INTRODUCTION Criminal defense is a results oriented field. I defense is a oriented field. I would say results oriented business, but I ll get to the say results oriented business, but I ll get to the business part of this profession later. part of this profession later. The best criminal defense lawyer is the one who best criminal defense lawyer is the one who wins your case. A win of course is defined in many your case. A win of course is defined in many ways. A win can mean a plea to a lesser charge, a A win can mean a plea to a lesser charge, a probationary sentence when there is a strong possibility sentence when there is a strong possibility of jail, the rare suppression of evidence leading to a jail, the rare suppression of evidence leading to a dismissal, and even rarer, the outright acquittal at trial. and even rarer, the outright acquittal at trial. Bottom line is: the determination of a good criminal line is: the determination of a good criminal defense lawyer is, in most circumstances, based on the lawyer is, in most circumstances, based on the end result. Criminal defense lawyers are compared to many defense lawyers are compared to many other types of professionals, but are best compared to types professionals, but are best compared to stockbrokers. Hand over some money and based Hand over some money and based on many market factors, you either make or lose money. market factors, you either make or lose money. If you make money, your broker is great, if you don t, you make money, your broker is great, if you don t, he sucks. We criminal lawyers know all of this. We know criminal lawyers know all of this. We know that no matter how much you tell us in the beginning no matter how much you tell us in the beginning that you feel comfortable with us, or that you ll do you feel comfortable with us, or that you ll do whatever we advise, in the end how your case resolves, we advise, in the end how your case resolves, whether you are guilty or innocent, is how we are you are guilty or innocent, is how we are perceived. There are a few clients who merely appreciate There are a few clients who merely appreciate the fight, even when the results are terrible, but those even when the results are terrible, but those

6 are usually the public defender clients, who sometimes the public defender clients, who sometimes show much more appreciation for their free lawyer, much more appreciation for their free lawyer, than the paying client who believes that for all that the paying client who believes that for all that money, they should receive a specific result. they should receive a specific result. Most people hire the wrong criminal defense lawyer people hire the wrong criminal defense lawyer for the wrong reason. There are several popular reasons the wrong reason. There are several popular reasons that I focus on here: Money, Advertising, Prior Results, I focus on here: Money, Advertising, Prior Results, Perceived Expertise, Expertise, Former Prosecutor, and Prosecutor, and Connections. As I said earlier, because we as a society believe that I said earlier, because we as a society believe that money equals results, whether you hired right equals results, whether you hired the right criminal defense lawyer is usually determined at the end defense lawyer is usually determined at the end of the case. The advice here though will only help you in the case. The advice here though will only help you in your initial selection. initial selection. So you just got arrested, or got a subpoena, or think just got arrested, or got a subpoena, or think you need a criminal defense lawyer. Here s my advice. need a criminal defense lawyer. Here s my advice.

7 MONEY As a close friend and fellow criminal defense lawyer a close friend and fellow criminal defense lawyer told me, if you re a defendant in a criminal case today, me, if you re a defendant in a criminal case today, they either kill you, or leave you alone, there is nothing either kill you, or leave you alone, there is nothing in between. You can t get blood from a rock. But when you are can t get blood from a rock. But when you are between that rock, and a real and not fabled hard place, that rock, a real and not fabled hard place, you need to forget about your money problems. need to forget about your money problems. I know the general response to that is but I just the general response to that is but I just don t have the money. I say too bad, get it. have the money. I say too bad, get it. Many people stupid enough to become suspects and people stupid enough to become suspects and defendants still believe that because they got themselves still believe that because they got themselves into their situation, they can get themselves out of it. their situation, they can get themselves out of it. Even though you couldn t explain your innocence to the though you couldn t explain your innocence to the arresting officer, you believe that when you go to court, officer, you believe that when you go to court, you ll talk to the prosecutor and judge and it will all go talk to the prosecutor and judge and it will all go away. Either that, or you ll just take what they offer and Either that, or you ll just take what they offer and leave. Better to pay the court costs and regret the Better to pay the court costs and regret the conviction years later than come up with some money years later than come up with some money for a lawyer today I guess is the theory. a today I guess is the theory. Now I m not talking about the first time offender I m not talking about the first time offender on a non violent minor case who has no aspirations to a non violent minor case who has no aspirations to ever accomplish anything, like obtain credit, a mortgage, anything, like obtain credit, a mortgage, a job requiring a license, or about 300 other things that a license, or about 300 other things that now subject people to a criminal background check. If subject people to a criminal background check. If

8 you are now, and will be the rest of your life, a complete are now, and will be the rest of your life, a complete nothing, forget the lawyer and just handle it yourself. forget the lawyer and just handle it yourself. Now for the rest of you. for the rest of you. Document hosted at Criminal defense lawyers for the most part charge defense lawyers for the most part charge flat fees, and many offer payment plans. In my opinion fees, and many offer payment plans. In my opinion there is no better deal than a criminal defense lawyer. is no better deal than a criminal defense lawyer. Pay one up-front or payment-based fee, and other than one up-front or payment-based fee, and other than costs (serving subpoenas, deposition transcripts, subpoenas, deposition transcripts, investigators, long distance calls and overnight mail to long distance calls and overnight mail to name a few), that s it. Costs are always additional, but a few), that s it. Costs are always additional, but we ll talk about that too in a while. talk about that too in a while. Why do I think it s the best deal? Civil lawyers do I think it s the best deal? Civil lawyers charge by the hour. If a civil lawyer takes 4 months to by the hour. If a civil lawyer takes 4 months to resolve a case (yeah, right) you ll pay for every minute of a case (yeah, right) you ll pay for every minute of that representation. Let s say you get a DUI. The average fee for a say you get a DUI. The average fee for a good DUI lawyer is $5, That is the usual fee if DUI lawyer is $5, That is the usual fee if the case resolves in a phone call, or 15 court appearances. case resolves in a phone call, or 15 court appearances. Trial may be extra, but you have a less than 3% chance of may be extra, but you have a less than 3% chance of your case going to trial. I ll take the 97% odds. Also, case going to trial. I ll take the 97% odds. Also, criminal defense lawyers usually don t charge for phone defense lawyers usually don t charge for phone calls, and other minimal costs. and other minimal costs. Still, I am amazed. Amazed at the guy whose life- I amazed. Amazed at the guy whose lifeblood is driving a truck, the law student who is scared is driving a truck, the law student who is scared that his future is shot, the CEO of a public company who his future is shot, the CEO of a public company who

9 fears his board of directors, and the mother of 2 who his board of directors, and the mother of 2 who needs to drive her kids around. All of these people are to drive her kids around. All of these people are the types who will scoff at a criminal defense fee. So it s not who will scoff at a criminal defense fee. So it s not just you, the guy who makes $800 a week and lives you, the guy who makes $800 a week and lives paycheck to paycheck. to paycheck. Arrests never come at a convenient time. Here s never come at a convenient time. Here s how to handle the money part to handle the money part 1. After your arrest, remove from your mind that your arrest, remove from your mind that you need to hire a lawyer in 5 minutes. You usually have need to hire a lawyer in 5 minutes. You usually have at least a week to make a good decision. Unless you ve a week to make a good decision. Unless you ve been lazy or had your head buried in the sand hoping it lazy or had your head buried in the sand hoping it would go away, be weary of a lawyer who pressures you go away, be weary of a lawyer who pressures you to make the decision immediately. the decision immediately. 2. Find your family and friends with money and tell your family and friends with money and tell them that you will need a lawyer and may need $5,000 to that you will need a lawyer and may need $5,000 to $10,000 now. Check your credit card balances. Most now. Check your credit card balances. Most lawyers today take credit cards, and if not, your credit today take credit cards, and if not, your credit card company can usually provide you with a check for a can usually provide you with a check for a cash advance. 3. Do not ever call a lawyer you are thinking of Do not ever call a lawyer you are thinking of hiring and ask how much he charges. He will and ask how much he charges. He will immediately think you are cheap, broke, and that you think you are cheap, broke, and that you will waste his time in a consultation. On that note, don t waste his time in a consultation. On that note, don t ever ask if there s a consultation fee. That s like saying ask if there s a consultation fee. That s like saying you re not going to ask me for $500 are you? A client not going to ask me for $500 are you? A client

10 who has a problem with $500 is again, perceived as cheap, has a problem with $500 is again, perceived as cheap, broke, and a waste of a lawyer s time. and a waste of a lawyer s time. 4. Do not go to the appointment looking like you Do not go to the appointment looking like you just came from the mall. Wear pants, a decent shirt, and came from the mall. Wear pants, a decent shirt, and if you re a young man, go with the tie. Show some you re a young man, go with the tie. Show some respect, be on time, don t get lost, and don t bring your be on time, don t get lost, and don t bring your friend. 5. Talk with the lawyer about your case, not the fee. with the lawyer about your case, not the fee. The fee quote will usually come at the end. Make the fee quote will usually come at the end. Make the lawyer like you. Don t play the victim and ask about like you. Don t play the victim and ask about suing the cops, or tell the lawyer you think your case is the cops, or tell the lawyer you think your case is simple. 6. Be honest with the lawyer. Tell him you want to Be honest with the lawyer. Tell him you want to hire him (if you do) and the details of your financial him (if you do) and the details of your financial situation. You just told this lawyer you were plastered, You just told this lawyer you were plastered, picked up a hooker, stole something, or shot someone. up a hooker, stole something, or shot someone. This not a time to be coy, or shy. Admit you are poor, is not a time to be coy, or shy. Admit you are poor, broke, or need time to pay the fee. Tell the lawyer what or need time to pay fee. Tell the lawyer what you can come up with right now, today. can come up with right now, today. 7. The rule of thumb (and this is my rule of thumb, rule of thumb (and this is my rule of thumb, not some actual rule of thumb) is that you should hire a some actual rule of thumb) is that you should hire a lawyer you feel comfortable with, who charges more you feel comfortable with, who charges more money than you wanted to spend. You may feel good than you wanted to spend. You may feel good that two lawyers quoted you $25,000 for your drug two lawyers quoted you for your drug trafficking case, and the one you re talking to now is case, and the one you re talking to now is charging you $10,000, but that s a sign to be careful. All you $10,000, but that s a sign to be careful. All

11 lawyers are not rich, and most have to pay rent. You are not rich, and most have to pay rent. You don t want a lawyer who treats his practice like a want a lawyer who treats his practice like a business and is looking for next months rent or worse, and is looking for next months rent or worse, this month s rent. rent. 8. Don t negotiate. You are facing jail. Do you really negotiate. You are facing jail. Do you really want your lawyer to be in the mindset that you are that your lawyer to be in the mindset that you are that client who didn t think he was worth his fee? who didn t think he was worth his fee? In sum, you re in trouble, and you need a lawyer. sum, you re in trouble, and you need a lawyer. You need to pay for that lawyer, and you need to pay for need to pay for that lawyer, and you need to pay for that lawyer now. An attorney client relationship that lawyer now. An attorney client relationship that begins with money problems is a waste of time for you, with money problems is a waste of time for you, and your lawyer. your lawyer.

12 ADVERTISING Are you kidding me? You re going to hire a lawyer you kidding me? You re going to hire a lawyer because he sent you a nice brochure in the mail that says he sent you a nice brochure in the mail that says he s aggressive? or available 24 hours a day? You are or available 24 hours a day? You are impressed that he has flexible payment plans? You that he has flexible payment plans? You think you have the right one because you were arrested you have the right one because you were arrested for an offense that he lists in the ad? You like the fact an offense that lists in ad? You like the fact that he is a member of the criminal lawyers association? he is a member of the criminal lawyers association? That picture of him looking angry standing in front of picture of him looking angry standing in front of the courthouse is exactly how you picture your lawyer? is exactly how you picture your lawyer? That from $ fee sounds good? from $ fee sounds good? Wake up! Advertising works. up! Advertising works. Here s the truth: the truth: Document hosted at There are good lawyers who advertise, and there are are good lawyers who advertise, and there are lawyers who advertise who are, well, not so good, but who advertise who are, well, not so good, but look good in the yellow pages or in a 4 color brochure in good in the yellow pages or in a 4 color brochure in your mailbox. We re all available 24 hours, and we can We re all available 24 hours, and we can all write a check to the criminal lawyers association. write a check to the criminal lawyers association. Most of us are aggressive when we have to be, and can of us are aggressive when we have to be, and can take a good photo. a good photo. Here are my thoughts on hiring a lawyer based on are my thoughts on hiring a lawyer based on advertising:

13 1. If you are considering hiring a lawyer through an you are considering hiring a lawyer through an ad you saw, go ahead. Make the appointment. Go to his saw, go ahead. Make the appointment. Go to his office and talk to him. and talk to him. 2. Before you follow the advice above, find the you follow the advice above, find the person you respect the most. Ask them for a referral to a you respect the most. Ask them for a referral to a criminal defense lawyer. I know, you re embarrassed. So defense lawyer. I know, you re embarrassed. So lie, say it s for a friend. Ask a family member, doctor, say it s for a friend. Ask a family member, doctor, accountant, teacher, or lawyer in another field. teacher, or lawyer in another field. Determine that the referred lawyer is not one you that the referred lawyer is not one you received a brochure from or one who has a huge ad in the a brochure from or one who has a huge ad in the yellow pages. See that lawyer too. pages. See that lawyer too. 3. Before you visit either lawyer, research both of you visit either lawyer, research both of them. For information on whether the lawyer has any For information on whether the lawyer has any prior discipline, go to the Bar s website. To see what go to the Bar s website. To see what press he s received or find his website, use Google or he s received or find his website, use Google or Yahoo, or any other internet search engine. Determine or any other internet search engine. Determine how long each has been practicing criminal defense. long each has been practicing criminal defense. Generally, time in practice is a bunch of crap. There are time in practice is a bunch of crap. There are some great 5 year lawyers, and some terrible 25 year great 5 year lawyers, and some terrible 25 year lawyers. There is a difference though in a lawyer out 2 There is a difference though in a lawyer out 2 years, and a lawyer out 10, especially if you are charged and a lawyer out 10, especially if you are charged with a serious felony. Forget the greybeard stuff. Many a serious felony. Forget the greybeard stuff. Many times younger lawyers are more in touch with day day lawyers are more in touch with day to day happenings at the courthouse and pay much more at the courthouse and pay much more attention to recent developments in law. to recent developments in law. 4. If after that minor research you decide to see both If after that minor research you decide to see both lawyers, ask the following questions at the consultation: ask the following questions the consultation:

14 A. Who will be working on my case.? Who will be working on my case.? B. Right now, do you see any motions you may Right now, do you see any motions you may consider filing? filing? C. How much of your practice is criminal defense? How much of your practice is criminal defense? (Anything under 50%, leave, now) under 50%, leave, now) D. If known at the consultation, what can you tell If known the consultation, what can you tell me about the judge? the judge? Additionally, if is not clear that the consultation is if it is not clear that the consultation is free, offer to pay. If the lawyer does charge a offer to pay. If the lawyer does charge a consultation fee, normally he will waive it if he is hired. fee, normally he will waive it if he is hired. 5. Don t ever ask about wins/losses. That is a sign of ever ask about wins/losses. That is a sign of too much TV and immaturity. If a lawyer tells you he much TV and immaturity. If a lawyer tells you he wins all his cases, again, leave now. Wins and losses are all his cases, again, leave now. Wins and losses are always in perspective. Few cases are tried, and a win in perspective. Few cases are tried, and a win can mean many things. many things. 6. About that have you ever handled a case like that have you ever handled a case like this question: That s a toss up. Criminal defense is question: That s a toss up. Criminal defense is about finding reasonable doubt, and protecting the finding reasonable doubt, and protecting the constitutional rights of defendants. This is true whether rights of defendants. This is true whether they are charged with DUI, theft, mortgage fraud, or are charged with DUI, theft, mortgage fraud, or murder. No, you shouldn t hire a DUI lawyer to No, you shouldn t hire a lawyer to handle a murder case, and you shouldn t hire a ticket a murder case, and you shouldn t hire a ticket lawyer to handle a white collar fraud case. However, a to handle a white collar fraud case. However, a

15 practitioner who does not specialize in a specific type of who does not specialize in a specific type of criminal defense is just as good in a theft case as he is in defense is just as good in a theft case as he is in an assault case. case.

16 PRIOR RESULTS The lawyer you want to hire for your self-defense lawyer you want to hire for your self-defense murder case just won a self-defense murder case. Dumb case just won a self-defense murder case. Dumb move. The heart surgeon who just lost a patient in The heart surgeon who just lost a patient in surgery was probably hired by someone with your was probably hired by someone with your boneheaded thought process. thought process. No two cases are the same. Cases are resolved in two cases are the same. Cases are resolved in certain ways because of many factors: a good jury, ways because of many factors: a good jury, change in witness testimony, weak evidence, lazy in witness testimony, weak evidence, lazy prosecutor, and yes, luck. I ve won cases I thought I and yes, luck. I ve won cases I thought I would lose, and I ve lost cases I still can t understand lose, and I ve lost cases I still can t understand why I didn t win. Your case is your case, not the other I didn t win. Your is your case, not the other client s case. More on that in the next chapter. case. More on that in the next chapter. The other aspect of this advice this - do not fire other aspect of this advice is this do not fire your lawyer because he couldn t get you a bond. Here s lawyer because he couldn t get you a bond. Here s some news, if you didn t get bond, you probably weren t news, if you didn t get bond, you probably weren t eligible, or are such a flight risk or danger that no lawyer or are such a flight risk or danger that no lawyer could have helped. have helped. Those clients who fire their great lawyer because clients who fire their great lawyer because they didn t get a bond are stupid and short-sighted. Sure, didn t get a bond are stupid and short-sighted. Sure, if your lawyer shows up for the bond hearing your lawyer shows up for the bond hearing unprepared, or it s clear he is not competent to handle the or it s clear he is not competent to handle the case, dump him. Know though that when you go to the him. Know though that when you go to the next lawyer, he will know that you ve already fired one lawyer, he will know that you ve already fired one lawyer. So will the prosecutor, and so will the judge. So will the prosecutor, and so will the judge.

17 EXPERTISE/ TYPES OF CRIMINAL DEFENSE LAWYERS OF CRIMINAL DEFENSE LAWYERS There is not a criminal defense lawyer who has ever is not a criminal defense lawyer who has ever handled your case. No two cases are the same. Just your case. No two cases are the same. Just because a criminal defense lawyer has never handled a a criminal defense lawyer has never handled a case exactly like yours, does not make him unable to like yours, does not make him unable to represent you. I do believe though, that clients with you. I do believe though, that clients with certain types of cases should seek out criminal lawyers types of cases should seek out criminal lawyers who specialize, with one caveat that I ll explain later. with one caveat that I ll explain later. Criminal defense lawyers are categorized as defense lawyers are categorized as practicing in the following areas: in the following areas: 1. Ticket Lawyers (not really criminal, but involves Lawyers (not really criminal, but involves a cop and court) and court) 2. DUI Lawyers Lawyers 3. Death Penalty Lawyers Penalty Lawyers 4. White Collar Lawyers Collar Lawyers 5. Federal Lawyers Lawyers 6. Everyone else else Document hosted at

18 Ticket Lawyers Lawyers I m a huge fan of ticket lawyers. People always ask a huge fan of ticket lawyers. People always ask me should I hire one of those ticket lawyers? I hire one of those ticket lawyers? Yes. They know statutes and the intricacies of traffic law know statutes and the intricacies of traffic law like no one else. They also know most of the officers no one else. They also know most of the officers who spend their days giving tickets, and the judges who spend their days giving tickets, and the judges who decide the sentences. You get a ticket, hire one. the sentences. You get a ticket, hire one. DUI Lawyers Lawyers DUI is a specialized field. A field that other is a specialized field. A field that other criminal defense lawyers make fun of, but in which they defense lawyers make fun of, but in which they wish they were experts. they were experts. Now, for DUI, there are two types of lawyers. Plea for DUI, there are two types of lawyers. Plea mill and geeks. Plea mill DUI lawyers send you the and geeks. Plea mill DUI lawyers send you the brochure, take a little bit of money (usually $500 to take a little bit of money to $2500), show up to court a couple times, do no work on show up to court a couple times, do no work on the case, and then convince you to take a plea. and then convince you to take a plea. Save your money or hire a geek. your money or hire a geek. Document hosted at The geeks charge $5,000-$10,000, research the breath geeks charge $5,000-$10,000, research the breath machines, pull the time sheets of the officers, file pull the time sheets of the officers, file motions, and take so much time with the case that you and take so much time with the case that you think it will never end. When it does, you may be it will never end. When it does, you may be

19 convicted of DUI, but if you are, it s because there really of DUI, but if you are, it s because there really was no alternative. no Death Penalty Lawyers Penalty Lawyers Murder is no time to be shopping around for a deal is no time to be shopping around for a deal or someone with no experience in the death penalty with no experience in the death penalty (even if you are not facing the death penalty). Find one if you are not facing the death penalty). Find one and mortgage your home. Murder is a six-figure world. your home. Murder is a six-figure world. White Collar Lawyers Collar Lawyers No one seems to understand what white collar one seems to understand what white collar means. It does not mean that the lawyer represents a lot of not mean that the lawyer represents a lot of professionals. Representing a lawyer in a DUI case is not Representing lawyer in a DUI case is not white collar. Nor is representing a doctor a battery collar. Nor is representing a doctor in a battery case. White collar lawyers are either criminal defense collar lawyers are either criminal defense lawyers who work in big firms and never go to court but who work in big firms and never go to court but their firms want the big corporations to retain them for firms want the big corporations to retain them for criminal type work such as grand jury subpoenas, or type work such grand jury subpoenas, or they are lawyers who mainly handle fraud cases. are lawyers who mainly handle fraud cases. White collar is generally a moniker that criminal collar is generally a moniker that criminal defense lawyers use when they don t want people to lawyers use when they don t want people to think they represent criminals. Look on any big firm they represent criminals. Look on any big firm website and you ll see white collar. Sometimes they and you ll see white collar. Sometimes they

20 add corporate investigations. Those lawyers are not the investigations. Those lawyers are not the ones to call at 2 am, they ll readily admit that. to call at 2 am, they ll readily admit that. Be careful here. here. Document hosted at Federal Lawyers Almost every single federal case ends in a plea. The every single federal case ends in a plea. The conviction rate is astounding. The chances are great, rate is astounding. The chances are great, immense, that if you are charged in federal court, you are that if you are charged in federal court, you are pleading guilty. If you think you are going to trial no guilty. If think you are going to trial no matter what, you have work to do in finding a lawyer in what, you have work to do in finding a lawyer in this area. area. You cannot hire a criminal defense lawyer who does hire a criminal defense lawyer who does not have experience in federal court. You cannot expect have experience in federal court. You cannot expect to get any type of respectable representation in federal get any type of respectable representation in federal court for $5,000. You generally cannot get a payment for $5,000. You generally cannot get a payment plan for a federal case, and if you can, you re probably for a federal case, and if you can, you re probably dealing with an inexperienced federal lawyer. If your with an inexperienced federal lawyer. If your potential federal lawyer cannot have an intelligent federal lawyer cannot have an intelligent detailed conversation about the Federal Sentencing conversation about the Federal Sentencing Guidelines at the initial consultation, it s a good sign to at the initial consultation, it s a good sign to say thank you and leave. you and leave. There is little similarity between state and federal is little similarity between state and federal cases. Federal cases move quicker, and everything is up cases move quicker, and everything is up to the judge. Prosecutors and defense lawyers can make the judge. Prosecutors and defense lawyers can make all the deals they want, but unlike a typical state court the deals they want, but unlike a typical state court

21 situation, federal judges make the absolute make the absolute determination. There are plenty of lawyers who practice in both are plenty of lawyers who practice in both state and federal court, so you don t need to hire someone and federal court, so you don t need to hire someone who brands themselves a federal lawyer. Federal court themselves a federal lawyer. Federal court is, however, no place for a criminal lawyer to get no place for a criminal lawyer to get experience unsupervised, especially when he is unsupervised, especially when he is representing you. Many lawyers want federal cases you. Many lawyers want federal cases because the fees are higher. Watch for that, and make the fees are higher. Watch for that, and make sure you ask what s your experience in federal court? you ask what s your experience in federal court? Everyone Else Else Earlier I said that you should seek out criminal I said that you should seek out criminal lawyers who specialize, with one caveat. who specialize, with one caveat. Here s the caveat: Do not discount that really great the caveat: Do not discount that really great general criminal defense lawyer because you think you criminal defense lawyer because you think you have a case that needs a particular type of criminal a case that needs a particular type of criminal defense lawyer. lawyer. There are plenty of criminal defense lawyers who are plenty of criminal defense lawyers who don t practice solely in a particular area who are great. practice solely in a particular area who are great. Remember, you are looking for the best lawyer you can you are looking for the best lawyer you can find. A case is a case. Any lawyer can read the and A case is a case. Any lawyer can read the law and research your issues. your issues. If you are considering hiring a general criminal you are considering hiring a general criminal defense lawyer based on reputation and are that lawyer based on reputation and are that

22 concerned about his qualification to take your particular about his qualification to take your particular case - ask. I know you don t specialize in this area, but ask. I know you don t specialize in this area, but do you feel comfortable handling a case like this or you feel comfortable handling a case like this or would you rather refer me to another lawyer? A good you rather refer me to another lawyer? A good criminal defense lawyer not just looking for a fee will tell defense lawyer not just looking for a fee will tell you to see someone else if he is not comfortable handling to see someone else if he is not comfortable handling your case. case.

23 FORMER PROSECUTORS Ads in the yellow pages are filled with the in the yellow pages are filled with the FORMER PROSECUTOR and AGGRESSIVE PROSECUTOR and FORMER PROSECUTOR tag line. tag line. I quip that there is a difference between a former that there is a difference between a former prosecutor and a criminal defense lawyer. and a criminal defense lawyer. This I am a former prosecutor line is my favorite I am a former prosecutor line is my favorite reason people refer and hire criminal lawyers. The people refer and hire criminal lawyers. The prevailing thought is that if someone used to put people thought is that if someone used to put people in jail, they are the best person to hire to keep someone jail, they are the best person to hire to keep someone out of jail. of jail. Listen, are you that gullible? are you that gullible? No, I am not a former prosecutor, and if I were, you I am not a former prosecutor, and if I were, you bet I d prominently display this somewhere. Not because I d display this somewhere. Not because it actually matters, but because the public eats it up. matters, but because the public eats it up. Now let me ask you this? Is a former prosecutor a let me ask you this? Is a former prosecutor a better defense lawyer? Do you know? Do you care? I defense lawyer? Do know? Do you care? I know what you think. He worked in the office, he knows what you think. He worked in the office, he knows the inside/out of the system, and he has juice in the of the system, and has juice in the prosecutor s office. office. Maybe. Document hosted at

24 First, most prosecutors are in the office 3-5 years. most prosecutors are in the office 3-5 years. When they leave, most of their connections leave or they leave, most of their connections leave or have left as well. Sure, they know staff, and may get left as well. Sure, they know the staff, and may get a call taken here and there, but they don t own place. taken here and there, but they don t own the place. And I m not even talking about the prosecutors who I m not even talking about the prosecutors who leave, go to civil firms and take some criminal cases. go to civil firms and take some criminal cases. Stay far away from them. They re about as committed to far away from them. They re about as committed to criminal defense as the real estate lawyers in the firm. defense as the real estate lawyers in the firm. Also, many prosecutors leave the office to become many prosecutors leave the office to become defense lawyers for the money. They are about as lawyers for the money. They are about as passionate about representing criminal defendants as a about representing criminal defendants as a kid who is ordered to clean his room. who is ordered to clean his room. If you choose to hire a former prosecutor, make sure you choose to hire a former prosecutor, make sure you hire him for his defense experience, and definitely hire him for his defense experience, and definitely make sure if he has recently departed from the office, sure if he has recently departed from the office, you ask why he left (no one ever does). ask why he left (no one ever does).

25 CONNECTIONS I m looking for a lawyer who knows this INSERT looking for a lawyer who knows this INSERT (Judge, prosecutor, police officer). police officer). Listen, this not a third world country. You are not this is not a third world country. You are not going to win your case because your lawyer drinks with to win your case because your lawyer drinks with the prosecutor, or knows the officer, or gave money to or knows the officer, or gave money to the judge s campaign. All of those things give you one campaign. All of those things give you one thing, credibility, not a victory. not a victory. Yet, I ll never forget those clients who call to I ll never forget those clients who call to apologize for not hiring me because this other lawyer for not hiring me because this other lawyer says he knows the cop. (Yeah, I know that cop too, he he knows the cop. (Yeah, I know that cop too, he was at my house last week for dinner, but I don t use that at my house last week for dinner, but I don t use that to get a case.) get a case.) Knowing people in the system never hurts, but no people in the system never hurts, but no otherwise incorruptible judge is going to suppress incorruptible judge is going to suppress evidence because she s friends with the lawyer, no because she s friends with the lawyer, no prosecutor is going to take a dive in court because he s is going to take a dive in court because he s on the defense lawyers basketball team, and the most you the defense lawyers basketball team, and the most you can expect from a police officer is that because he knows from a police officer is that because he knows the defense lawyer (and if he doesn t hate the client for lawyer (and if he doesn t hate the client for telling him to screw off at the arrest scene), he may tell him to screw off at the arrest scene), he may tell the prosecutor give you a break. to give you a break. Those of you hiring a lawyer solely on his of you hiring a lawyer solely on his connections are dreaming. A talented, respected lawyer is are dreaming. A talented, respected lawyer is perfect for your case. Discussions about connections for your case. Discussions about connections

26 simply cause expectations, and disappointment when cause expectations, and disappointment when they result in absolutely nothing. result in absolutely nothing. A good criminal defense lawyer with a great good criminal defense lawyer with a great reputation has serious connections in the courthouse, and has serious connections in the courthouse, and doesn t talk about them. talk about them.

27 CONCLUSION This decision not easy. The best you can do is to is not easy. The best you can do is to take some time, do some research, and make an educated some time, do some research, and make an educated decision. The first lawyer who tells you something you The first lawyer who tells you something you want to hear is not necessarily the lawyer to hire. to hear is not necessarily the lawyer to hire. Seriously consider the lawyer who is honest to a fault consider the lawyer who is honest to a fault and tells you that you have a tough case. Any lawyer tells you that you have a tough case. Any lawyer can tell you that everything will be fine, but it does no tell you that everything will be fine, but it does no good if he s lying. if he s lying. The best referral source, without question, is a best referral source, without question, is a former client. If you can find a former client of a client. If you can find a former client of a criminal defense lawyer, take him to lunch, buy him a defense lawyer, take to lunch, buy him a cup of coffee. Ask him not only about the result (which of coffee. Ask him not only about the result (which if he is having lunch or coffee with you means he s not in he is having lunch or coffee with you means he s not in jail), but also about the process. Ask him how the lawyer but also about the process. Ask him how the lawyer handled his calls, how he was in court, and most his calls, how he was in court, and most importantly, if the former client would hire him again. if the former client would hire him again. This your life, treat it that way. is your life, treat it that way. Document hosted at

28 EPILOGUE SECRETS TO BEING A GOOD CLIENT TO BEING A GOOD CLIENT The problem with hiring a criminal defense lawyer with hiring a criminal defense lawyer is that your expectations may not be met. You may have your expectations may not be met. You may have already convinced yourself that were wronged, convinced yourself that you were wronged, and that the system should apologize to you. You may be that the system should apologize to you. You may be thinking that hiring a criminal defense lawyer is like that hiring a criminal defense lawyer is like buying shoes. You see the shoes, you pay for them, and shoes. You see the shoes, you pay for them, and you take them home. take them home. Hiring a criminal defense lawyer is nothing like a criminal defense lawyer is nothing like buying shoes. You are hiring an advisor, counselor, and shoes. You are hiring an advisor, counselor, and technician. You are not paying for results, even though You are not paying for results, even though you think just that. Hiring a criminal defense lawyer to think just that. Hiring a criminal defense lawyer to make it go away, is like hiring a doctor to make it go it go away, is like hiring a doctor to make it go away. He can try, but success is far from a guarantee. He can try, but success is far from a guarantee. So the best you can do is make an educated decision, the best you can do is make an educated decision, and be a good client. be a good client. Be a good client by: a client by: Document hosted at 1. Never calling your criminal defense lawyer on a calling your criminal defense lawyer on a Monday morning for an update. Wait until Tuesday morning for an update. Wait until Tuesday afternoon. Especially if you just spoke to him Especially if you just spoke to him Friday.

29 2. Stopping yourself every time you think you want yourself every time you think you want to tell your lawyer about your friend s case or tell your lawyer about your friend s case or what your lawyer friend from New York or other your lawyer friend from New York or other state told you. told you. 3. Always bringing a little something for the staff bringing a little something for the staff when you come to the office. Candy, a bottle of you come to the office. Candy, a bottle of wine, a token, something. The lawyer s staff can a token, something. The lawyer s staff can make your life a living pleasure. your life a living pleasure. 4. Making appointments to see the lawyer before or appointments to see the lawyer before or after a court appearance, instead of making him late a court appearance, instead of making him late to his next court appearance while asking too many his next court appearance while asking too many questions in the hallway. in the hallway. 5. Paying costs immediately. costs immediately. Document hosted at 6. If the case is taking much longer to resolve, If the case is taking much longer to resolve, asking the lawyer if he needs additional funds. If the lawyer if he needs additional funds. If you ve made the right choice, he ll say no thanks. made the right choice, he ll say no thanks. 7. When the case is over, regardless of outcome, the case is over, regardless of outcome, show your appreciation. You will be certain to have your appreciation. You will be certain to have issues come up after the end of the case, and when come up after end of the case, and when you do, your lawyer will remember that great big do, your lawyer will remember that great big basket, case of wine, or flowers you sent to the case of wine, or flowers you sent to the office with the handwritten note of thanks. with the handwritten note of thanks.

30 AUTHOR Brian Tannebaum will take the reins as President of will take the reins as President of the 2,000 member Florida Association of Criminal member Florida Association of Criminal Defense Lawyers (FACDL) in 2010, at the age of 40 Lawyers (FACDL) in 2010, at the age of 40 having previously served as President of the Miami previously served as President of the Miami Chapter. He is a Martindale-Hubbell AV rated lawyer, He is a Martindale-Hubbell AV rated lawyer, and listed in the Bar Register of Pre-Eminent Lawyers. listed in the Bar Register of Pre-Eminent Lawyers. He practices state and federal criminal defense and state and federal criminal defense and represents lawyers and students in Florida Bar lawyers and law students in Florida Bar admission and grievance defense. and grievance defense. He obtained his law degree from Stetson University his law degree from Stetson University College of Law and began his career as an Assistant of Law and began his career as an Assistant Public Defender. He is a member of both the Florida Defender. He is a member of both the Florida Bar s Criminal Law Section Executive Council and Criminal Law Section Executive Council and Criminal Procedure Rules Committee. He also serves as Procedure Rules Committee. He also serves as Editor and authors a quarterly column in Florida and authors a quarterly column in Florida Defender. His commentary on criminal defense can be His commentary on criminal defense can be found at at