Attorneys

Should I hire an attorney?

Yes, if you are involved in a legal matter that might significantly jeopardize your rights, liberty, money, driving privileges, and economic potential. A lay person who proceeds without an attorney in our legal system is like a person walking through a minefield. Who knows what lies ahead? Who knows which way to turn and when? Many people say they can’t afford an attorney. In actuality, most people can’t afford NOT to have an attorney, given what is at stake. A trained and educated attorney is an expert who is paid to look out for your best interests.

What can an attorney do for me?

An attorney skilled in your particular area of the law can do any of the following:

  • Research the applicable law and procedure. (You’d be amazed at the number of mistakes/errors that are made in our legal system.)

  • Explain the law, court procedure, and your rights to you.

  • Provide you with all available alternatives, potential outcomes, and a fair estimate of the probability of success on each alternative.

  • Negotiate with the prosecutor, opposing counsel, and judge on your behalf, making it much more effective and easier for you.

  • Achieve optimal results by arguing zealously, competently, and creatively on your behalf; by making credible promises to take your case to trial unless a satisfactory resolution is obtained; and by showing the court (and opposing counsel) that you are taking this matter seriously by retaining an attorney at your own cost.

How should I select an attorney?

By asking a lot of questions, such as the following:

  • How long have you practiced in this particular area of the law?

  • How much experience do you have in this court with this judge?

  • How much experience do you have in conducting trials?

  • Can you tell me some of your success stories?

  • Have you had any high-profile cases?

  • Will you return phone calls promptly?

  • Will you provide case updates frequently?

  • Will you provide all case documents?

  • Do you have a specific and detailed written retainer agreement?

  • Will I receive legal bills after paying the retainer fee? By month?

  • Do you have a website or other printed information?

The bottom line is this: Hiring an attorney might be one of the most important decisions you take in your life. You shouldn’t just select the attorney who has the most experience and competence. An attorney might be extremely experienced and competent, but also untrustworthy, unprofessional, lazy, and hard to get along with. So you should pick the attorney who you like, get along with, and who also has the best combination of experience, competence, trustworthiness, and professionalism.

 Finally, hiring an attorney is absolutely essential if you plan on taking your case to trial. A lay person has almost no chance of winning at trial against a seasoned trial attorney. A skilled trial attorney will know the rules of evidence; what is admissible and inadmissible; how to lay foundations for admissible evidence; how to effectively examine and cross-examine witnesses; how to construct convincing and creative opening statements and closing arguments; and how to interview and prepare witnesses for trial, including clients.

Remember the oft-quoted aphorism: A man who chooses to represent himself in our legal system has a fool for a client.