Finding an Attorney

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Posted in On May 21, 2017

One of the main questions a defendant asks when facing a potential criminal offense is, “who is the best criminal defense attorney in Indiana?” And, if you think about it, that makes sense. Criminal cases have the potential to have lifelong consequences. So, it leads to reason that anyone who is facing a criminal offense is going to try to track down the best criminal attorney for their particular case. The list below is meant as a quick guide to finding the best lawyer for you in any given situation. Obviously, choosing a lawyer is a very personal decision. Many factors go into deciding who to hire…and, while you may find someone that you truly think would be best based on the factors below, other factors can have an influence such as location, price, and availability. However, we hope these ten factors will help lead you in the right direction.

(10) Knowledge of the County and Players (Judge and Prosecutors)

While this factor may have been more important a few years ago, with the advent of technology and the internet, it is  much easier for attorneys to have a presence through the entire state. The old adage was hire a courthouse square lawyer who has beers with the prosecutors and/or judges. While that could be helpful in some situations, most lawyers travel throughout the entire state of Indiana. And, as a lawyer travels around the state, they inevitably build relationships with prosecutors and judges all throughout the state. As such, the courthouse square lawyer is not so necessary. However, what is necessary is an awareness of all the relevant players in the county where the case exists. Your lawyer should know (and be known by) all the prosecutors and judges involved. The knowledge of the players involved helps the lawyer develop strategy on how best to move forward with the case. If you don’t have that knowledge, you don’t know what you don’t know.

(9) Years of Experience & Specialized Experience

The old saying of “you can’t buy experience” is true for lawyers. The only way you can become seasoned is to practice law as often as you can for as long as you can. That requires trying cases to jury and bench, managing large caseloads, and traveling the state to meet and form relationships. As in item (4) below, prosecutorial experience is good as well. Another important factor is whether or not an attorney has specialized experience in a certain area of law. For example, if you are charged with a sex crime, it almost always makes sense to hire someone who has prosecuted sex crimes in the past and/or has handled many sex related offenses — especially crimes involving children. The rules of evidence are very unique in that area of law and experience is crucial. The same goes for DUI’s and drug related offenses. So, if you are facing crimes of that nature, look for attorneys with experience in those areas.

(8) Online Reviews

While there is a saying that there is no such thing as bad publicity, that isn’t true in criminal law. The best place to find a good lawyer is reading online reviews of lawyers. While a lawyer cannot make clients happy 100% of the time, you should find people with at least a 4.8/5.0 rating with over 50 reviews. Otherwise, the sample is too low. We would also caution people into hiring lawyers with no reviews are very few reviews with only high marks. If you are representing a lot of people over a long period of time, you should have multiple reviews. A good sample size is 50, as that is just enough to show experience and will likely show you a range of perceptions of the lawyers.

(7) Personality of Lawyer

This is crucial. While personality doesn’t always matter in a case, it does the majority of the time. You will be spending countless months with your attorney, so having one you like it important. However, even more importantly, the lawyer needs to have a personality that others like (i.e. court staffs, prosecutors, other lawyers, and judges). It is amazing the number of lawyers out there that are despised by the opposition. While consternation is powerful in certain situations, chronic personality conflicts is a problem. You get more honey with kindness than vinegar. What prosecutors need to know is that your lawyer can be tough when necessary. However, being tough for tough sake is not helpful. Personality goes a long way. As in (8) above, personality is often seen in reviews from former clients as well.

(6) Availability/Access

One of the main things that makes a client happy or upset is their access to their lawyer. We at Banks & Brower are available 24/7, but not all firms are like that. While it is OK for your lawyer to be busy, as that shows success, however you still want a lawyer that is timely, responds quickly, and is accessible when you need them. Going through a criminal case is a very stressful situation. And, as we say in the business, people don’t typically get in trouble from 8 am to 5 pm, Monday through Friday. As such, lawyers need to be available as often as the clients need them. You can typically find out someone’s availability and access by reviewing their online reviews as well. If someone has a lot of reviews, there will typically be information on their availability and access.

(5) Support Staff/Office Size/Case Management. 

Every good lawyer has good staff. While solo practitioners may be cheaper because their overhead is low, it almost always makes sense to hire a lawyer from a firm that has paralegals, interns, and other lawyers who can be there to assist. A lawyer can only be in one place at a time, and when they are traveling all over the state, they need staff to assist their clients when needed.Whether it is help with court coverage, filing legal documents, and/or maintaining client contact, office staff is crucial. Along with good office staff, a good client management system is essential. Here at Banks & Brower we use a Clio Software program that shares everything with the client electronically. That includes dates, times, documents, and billing. A good case management system allows for transparency, which is essential to any good client relationship.

(4) Prosecutorial Experience

Not everyone has been a former prosecutor. However, having been one is priceless experience. The experience having been a prosecutor allows your lawyer to know both sides of every issue, to think critically, and to evaluate cases appropriately. Knowing how they think is a great advantage to your defense…and you only know that by having been a prosecutor. Having been a prosecutor also guarantees trial experience and skill. Anyone who has been a successful prosecutor has tried tens if not hundreds of trials, and that litigation experience is essential in defending clients in the future. Not all firms have former prosecutors working there, however, three attorneys at Banks & Brower were former prosecutors – Brad Banks, Adam Brower, and Brandon Knight.

(3) Legal Associations, Accreditation, and Awards

When reviewing any potential lawyer, it is important that you check and see if they are apart of any professional organizations, if they have been awarded any accolades, and whether or not the have a strong industry recognition. When outside agencies name the attorney to directors of other distinguished lawyers, it shows they are accepted by the legal community, have had success in their respective field, and have been verified by the accreditation boards associated therewith. Any good lawyer who has been around and had success should be named to distinguished legal societies, be apart of local bar programs, and or have received awards for their legal skills. Otherwise, they may not have the experience that is necessary to defend you appropriately.

(2) Successful and Diverse Trial Experience

Without a doubt, this is one of the most important factors to consider. Why? Because prosecutors have to have some level of fear and/or respect for your lawyer that if a deal isn’t reached, that your lawyer is a good trial litigator. Otherwise, the prosecutor will dig in and refuse to negotiate, as they have no respect for your lawyer as a litigator. If you have tried tens and hundreds of trials, you have the skill set and confidence to litigate any type of case. If you are scared of the courtroom and/or a jury, you cannot advocate for your client the way you should. As such, one of the first questions you should ask any attorney is, “how many cases have you tried, and how often were you successful?”

(1) Reputation in the Legal Community

This is without question the most important factor. If you do research on your lawyers, look for anything that talks about the reputation of the lawyer and industry recognition. You do not want to walk into a courtroom with a lawyer that no one respects and laughs at. You want someone that everyone respects and has confidence in. You want someone that everyone knows and trusts. Otherwise, you will be perceived the way your lawyer is…and that can be a dangerous thing….so don’t risk it to save a couple of bucks. You typically get what you  pay for.

Obviously, this list is subjective and cannot cover every single factor. Some may disagree with the order and/or would add or subtract items from the list. The factors are personal to the individual, however, this list is a good starting point. Before you hire a lawyer, do you research, ask around, and meet with you lawyer. Look them in the eye and ask them the tough questions. Good lawyers will sell you on hiring them without trying to sell you. If you need a lawyer, call the experienced Indianapolis Criminal Defense Attorneys at Banks & Brower a call today at 317.870.0019 and/or email us at info@banksbrower.com. We are available 24/7 to help.

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