How to Choose Your Criminal Defense Lawyer – Andrew B. Metcalf

Servicing Indian River/ St. Lucie/ Brevard/ Okeechobee and Martin counties

Choosing a lawyer is always and important decision no matter what kind of case, but the hiring of your criminal defense attorney may be the most important decision of your life. Criminal defense lawyers usually charge “flat fees” and do not bill by-the-hour, so you should know exactly what it is going to cost before you hire the attorney. That being said, it is essential for you to ask for a fee agreement and to understand that some lawyers may ask for a non-refundable retainer. If a lawyer does ask for a non-refundable retainer, they must provide notice of this in writing. A fee agreement is not required, but if a lawyer refuses to provide a fee agreement when requested, this is not a lawyer you should hire. You should make sure you are aware of costs that may be incurred and assessed in your case. Go over any written fee agreement and make sure you understand it in its entirety. Don’t be afraid to ask questions, you are the boss in this relationship and the attorney should make him/herself available to help you understand the process.

So…HOW DO YOU FIND THE RIGHT ATTORNEY??? Advertising is both a blessing and a curse in the attorney selection process. Many people think if the lawyer has a big presence online, they must be successful, experienced and competent. What it actually means is that they are good at marketing. This is not to say that attorneys with good ads are not good lawyers, but hiring a lawyer based upon their advertisement alone is a terrible idea.

If I meet with a client who is unsure about who to hire, I simply suggest they do a little research online by first “googling” the name of their prospective attorney. This will many times provide news articles, accolades, and reviews of the attorney. Understand, that marketing firms can provide “fake reviews.” More importantly, I tell the prospective client to make some calls to lawyers or law firms that do not handle criminal defense cases and ask for a “referral.” It is unethical for a criminal defense lawyer to pay another type of lawyer a referral fee unless that lawyer provides joint representation in the case. This would also need to be disclosed to the client. What this means is referrals from other non-criminal attorneys, usually results in a fair assessment of who they believe are reputable and effective lawyers.

Finally, don’t be afraid to ask questions. Your prospective lawyer should be able to provide you with specific case experience in matters just like your’s. You should evaluate their experience, their ratings and accomplishments. Most attorneys who are effective and competent have served in leadership roles for professional organizations and stay involved with Continuing Legal Education programs and organizations. Asking questions and seeking referrals are the best ways to ensure you hire competent legal counsel.

Green & Metcalf – Attorneys at Law

• Readers’ Choice Award: Best Lawyer/Law Firm - Hometown News, Indian River County
• Perfect “10” AVVO rating
• “Preeminent” Peer Review Rating for Ethics and Legal Ability - Martindale Hubbell
• Top 100 Trial Lawyers – National Trial Lawyers
• Serving the Treasure Coast since 1975
• Past President – Florida Association of Criminal Defense Lawyers
• Past President – Indian River County Bar Association
  Staff and attorneys available 24/7
• Aggressive, competent, compassionate, discreet