Re: Spouse's DWI
Posted by:
Appeal
()
Date: January 30, 2015 02:33PM
Questioner: I could give you names of people to talk to, but you really need to find one on your own because you need to live with your choice. Did you get the letters that many attorneys send out? If you still have them, start by calling them. If some charge consultation fees, pay it and sit down with them and talk about your case. Don't get suckered in by a good sales pitch, make sure that you talk to at least 4-8 different attorneys and get a feel for whether you feel you can trust them. You've got some experience with this now and I'm sure you can think back to that to determine which warning signs to look for. For full disclosure: I am an attorney, and I handle DUIs in Fairfax and other places, but not as much as I do other kinds of work. No, I won't take your case. I don't get on here to look for clients and it isn't fair to talk my way into a job when you are in crisis mode.
That's really the crux of the problem in some ways. Those letters you got (and I don't send out letters like that) and the facts of the arrest create a sense of crisis that doesn't really exist. You do need to find a lawyer, and you need to pay attention to the search now, but don't get so caught up in the immediate crisis so much that it clouds your judgment. Think of it like hiring a contractor to fix your house, or like buying a car, or like any other big decision. You do have to do it with some speed, but not so much that you pick the first smooth-talking lawyer you run into. After all, all lawyers are trained in how to talk to people and convince them that they are right.
In some ways, you need to let go of the feeling that your first lawyer was unethical, or somehow lost your case for you. You need to be able to put that aside enough to deal with your next lawyer.
Here's some things to look for: 1.) how much is the fee? By now, you probably have a good idea of how much this should cost. Throw out the 2 lowest bidders, and the 2 highest and go for someone who is the middle of the road when it comes to fees. One thing that indicates to me is that the lawyer is around enough other lawyers to know what the market will bear in pricing, and that demonstrates some familiarity with the market (and hence, the other lawyers); 2.) How long have they been practing? Sometimes, the newbie lawyer is going to better than the guy who has been around for 20 years because the newbie has to be to compete with the experience, so experience is a factor, but not the only one. 3.) Watch for the sales pitch: how does the lawyer emphasize his past experience? If he tells you within the first 2 minutes that he's a former (fill in the blank), run. Always remember that past sucess is not a gaurantee of future results. 4.) THE MOST IMPORTANT: how well do you get along with the lawyer? You may not always be happy with the situation you are in, and you'll never be happy with everything he/she tells you, but the fact that he/she tells you what you don't want to hear is important. While you may not like what is happening, you should know everything that is happening and why.
Really, it's time to get on the phone, call some different lawyers, make some appointments, and start your interviews.