After a person is stopped and charged with DUI, they usually do not know where to go nor who to call for legal help. Immediately after arrest while still in jail, out comes the telephone book and a search in the yellow pages for attorneys. Or perhaps the arresting officer or booking officer knows the name of a DUI lawyer who can help. Maybe after arrest and release on bond an internet search is performed for a DUI defense attorney. A DUI lawyer is selected and called. How do you know they are the right lawyer for your case?
Several times this year I received telephone calls from parents of potential DUI clients. The conversation typically starts by the parent stating that they (their adult child) had just fired their DUI attorney and wanted to hire an experienced Kentucky DUI defense attorney. The former attorney's were either from legal aid or were private attorneys. Typically during the conversation I learned that the attorney's client had fired their DUI defense lawyer because the attorney had stated that there was no hope of defending the case and that the accused person should just plead guilty to the DUI. Obviously, the accused person disagreed with the advice.
So as to better meet their needs, I first verify that the representation had indeed been terminated. I also make it a habit of asking the caller how they chose the former DUI defense lawyer. I was not surprised by the responses I heard: they typically selected the former private DUI attorney based on cost: the former attorney's were either the least expensive or had quoted a very low fee to just plead their client's guilty. I also ask the caller why they chose to contact my firm. The parent's typically state during the conversation that they firmly believe in their (adult) child's innocense. As such they inform me that they looked up the names of the local Kentucky DUI defense attorneys, made some inquiries of either prior client's or other non-DUI attorney's, and that they thereafter decided to contact my firm for more information on my services.
During the conversations I have been told that some of the former DUI attorney's had quoted legal fees for the defense of DUI's without meeting with the accused, without determining the complete list of charges against the accused, and without getting the accused's observations of what the officer had done to make the stop and arrest. I am of the opinion that it is difficult to determine how much work and time will need to be performed to properly defend a case without having the aforelisted facts.
In discussing this topic with other attorney's, I have compiled a short list of questions a potential client should ask and have answered before selecting a DUI defense lawyer to handle their case. Note that this list of questions is only a starting place, and is not meant to be all inclusive:
1) Does the lawyer handle the defense of DUI's on a regular basis?
2) Does the lawyer personally consult with the client to discuss the facts of the case, review potential records, and research the criminal charges before quoting the client a fee for the DUI defense?
3) Does the lawyer impress you with their knowledge of DUI law?
4) Has the lawyer lectured or taught or written articles on the subject?
5) Does the lawyer listen to the client and discuss possible defenses to the charges?
6) Does the lawyer maintain a library upon which they rely and which includes procedures, manuals, books, and etc. used to train Kentucky officers in making a DUI stop and arrest?
7) If the lawyer lives more than 40 miles away from the courthouse of the pending action, will they be able to effectively handle the case?
8) If the lawyer lives more than 40 miles away from the courthouse of the pending action, will they charge more for travel time to handle the case?
9) Can the DUI attorney explain to the client a comparison of risks vs benefits along with the associated costs to defend their innocense as opposed to just pleading guity?
Post by Fayette County Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.
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