The Attorney Who Wins

David R. was arrested June 3, 2001 for possession of drug paraphernalia he had never seen. He was driving his neighbor's car, was stopped for the absence of a rear license plate light, and the police officer found a pipe with marijuana residue in the front glove compartment. Two days later David called his attorney.

"Bob, I'm in a jam," he said. "And you helped me out so much on my divorce last year, I know you can figure this one out."

"Tell me about it."

David told his story. Bob listened, asked a few questions, and listened some more.

"David, you know I concentrate on family law, wills and trusts. It's been over two years since I was in the criminal courts. Let me recommend a couple of guys I really respect to handle this for you."

"Bob, look, you're a smart guy. People like you. I think you could straighten this out for me. I'm really asking you to take this case for me. Besides, I don't like the whole process of getting to know someone new, and I'm a little embarrassed by all this anyway."

"I'll tell you what I'll do, Dave. Send me whatever information you have on this. Let me see what I can do. I'll get back to you in a few days."

David faxed the information that afternoon.

Did David select the right attorney for his problem?

How does anyone select the right lawyer?

If you have a problem with significant legal issues, what qualities should you look for in a suitable advocate?

Consider adding these seven qualities to your checklist:

1. Trustworthy. Do you trust your attorney? David had developed a relationship of trust with Bob. He had seen Bob work and knew he could count on him. Also, he felt comfortable with him, and he felt his problems would be accepted without condemnation.
   
   
2. Clear. Do you understand what your attorney explains? If not, how can you make an informed decision? Good lawyers know how to explain legal issues in everyday language. Usually the better a lawyer understands the subject, the simpler he can make it. And remember, if your attorney can explain things well to you, he or she can likely explain things well to a judge and jury, too.
   
   
3. Attentive. Does your attorney listen to what you say? Does he understand what really concerns you? If not, it's impossible to get the answers you need. A good attorney realizes that no two people, no two cases, no two situations are ever alike. Every person and case requires individual attention. That is why a good attorney knows he must attentively listen to what you say about your case.
   
   
4. Competent. Is your attorney qualified to handle your problem? Does he or she have the training and experience to accomplish the best results? Bob was evidently trustworthy, clear and attentive, but was he competent to represent Dave in the drug paraphernalia case? Perhaps someone with more recent experience in the criminal courts could have been better.
   
   
5. Recommended. Do other clients recommend this attorney? Did these clients have legal issues similar to your own? Did he do trial work for them or mainly draft documents? What kind of work do you want this attorney to do for you? Ask the attorney for references of people you can contact to discuss their level of satisfaction with this attorney.
   
   
6. Affordable. Is your attorney clear about his fees? Does he charge by the hour or by a flat fee? Attorney fees can vary widely, even in the same city. Don't be embarrassed to shop for the best prices. And don't be shy about discussing fees with the attorneys you interview. Open, candid communication is a must. Remember, too, that most personal injury and class action claims do not require fees unless you win.
   
   
7. Available. Does your attorney have time for your case? Is he involved in a big trial, or does he have a large number of cases? The best attorneys in the world can't help you unless they have time for you. Are your phone calls returned? You can't benefit from an attorney's potential ability to be clear, attentive and competent. The attorney must have time to be clear, attentive and competent with you.
   
   

Having not heard from Bob in three weeks, Dave called Bob back.

"Dave, I'm sorry, I'm just starting to work on your paraphernalia case. I went down last week and got a continuance to be in court next month instead of next week. I'm trying to research a couple of things before I meet with the prosecutor to see what kind of deal he might offer us."

"Bob, I don't want a deal. I want this dismissed. I didn't do anything."

"Dave, let me get back to you next week after I check a couple of things out."

Fortunately, about two months later, Bob realized that the police officer had no right to search the glove compartment under the circumstances. Bob immediately filed a motion to suppress the evidence on the basis of unconstitutional search and seizure principles and the case was dismissed.

In the meanwhile, however, Dave had had many a sleepless night, worrying about the outcome. One of the criminal attorneys Bob recommended would likely have had the case thrown out in a week, knowing the law and the particular judge's interpretation and application of it.

Bob was trustworthy, clear and attentive. He didn't grade out quite so well on the other qualities. He was recommended and competent, but not especially for criminal work. He was probably affordable, based on Dave's past experience with him. But he was not particularly available, at least for a case outside his normal area of expertise, since it took him extra time to research it.

So consider adding these seven qualities to your checklist:

• Trustworthy
• Clear
• Attentive
• Competent
• Recommended
• Affordable
• Available

Now you're better equipped to interview attorneys.

Other related articles:

• The Attorney Who Wins
• The Judge Who Rules
• The Law that Matters
• The Jury You Pick
  
  
• Class Action Sweepstakes
• How to Use Lawyers-and-Laws.com
• Why Read the Law?