1. Chose a Former Prosecutor - But Realize that All "Former Prosecutors" are NOT created equal. Whether you choose to retain my services or the services of another attorney, I strongly suggest that you hire a former prosecutor. That is not to say that all former prosecutors are better attorneys than all defense attorneys who are not former prosecutors. However, prosecutors from certain jurisdictions have handled and tried significantly more cases than the vast majority of defense attorneys. Moreover, they understand how investigations and prosecutions work from the inside out, and generally have a good, working relationship with police officers and current prosecutors. Having handled hundreds of a particular type of case gives a former prosecutor insight that cannot be gained by a defense attorney, even over many years of practice. It is a perspective that puts a former prosecutor at a distinct advantage in handling your case. However, recognize that all former prosecutors are not created equal. Some prosecutor jobs are not even full time or are in small jurisdictions where no felony or serious matters are handled. Moreover, some offices are not very busy so the prosecutors there do not gain much experience. I was a prosecutor in Fairfax County - the largest county in Virginia. Fairfax is the busiest prosecutor's office in the Metropolitan Washington, D.C. area and one of the busiest in the country.
2. Hire a Trial Lawyer - Don't be Afraid to ask your lawyer "How Many cases Have you tried before a jury or a judge?" Kyle Manikas has tried hundreds of bench and jury trials. No amount of reading, watching, or studying can substitute for actual trial experience.
3. Avoid Attorneys that only "Dabble" in Criminal Law, DWI & Reckless Driving Defense. Avoid hiring a divorce, family lawyer, or other lawyer that only dabbles in criminal and traffic defense. This is the biggest mistake you can make and could very well result in disastrous consequences. This is not to say that a lawyer must devote 100% of his or her practice solely to criminal and traffic defense; however, these areas must be a central focus of the firm's practice. The law has become so complex and fluid that lawyers who do a little bit of everything are unable to stay current with, and fully understand, the changes in the law. Absent this knowledge and understanding, no attorney can do an adequate job for their clients.
4. Avoid Attorneys that Do Not Carry Malpractice Insurance. The lack of malpractice insurance is a red flag you should not ignore. While you hope they will never need to rely on it, an attorney that does not carry malpractice insurance does not run a stable, trusted office. The reason for the lack of malpractice insurance is likely that the attorney previously committed malpractice and no longer can afford the insurance rates. Whether an attorney has malpractice insurance can easily be determined in Virginia by checking the state bar website. In Virginia, the web address is http://www.vsb.org. Checking on an attorney is as simple as finding the "Attorney Records Search" page and typing in the attorney's name.
5. Avoid Attorneys That Have Been Previously Disciplined by the Bar. This information can be obtained for Virginia attorneys on the same "Attorney Records Search" page noted above at www.vsb.org.
6. Avoid Attorneys That Will Not Give Your Case Individualized Attention. Every case is different and needs to be individually considered and worked by an attorney. Some attorneys attempt to run a volume practice where every case is treated exactly the same. Many times this is because the attorney either does not care about his clients or is overextended. Lawyers do not get overextended by being too good. They get overextended by being disorganized.
7. Avoid Attorneys Associated With Phony Referral Websites. There are lawyer referral sites all over the internet set up by lawyers to create the impression that just because an attorney affiliates with them, they must be a good, or the best, attorney. Many of these companies contact every lawyer they can, and whoever pays them gets on the site or list. If a website claims to be an "association" or something similar, look to see who accredits that website as an association. If the answer is not readily available, it is probably a sham association set up for marketing purposes. How can you trust an attorney that has started his communication with you by being deceitful?
8. Avoid Websites That Claim They Have a Network of Lawyers in Place, or Have Offices in Every State. This is the type of site where you fill out a form and it is mailed to a number of lawyers in your area that are willing to take your case. They then bid for the right of representing you. No credible or competent attorney obtains clients this way. Moreover, you give up control of the attorney selection process.
9. Recognize that Lawyers are Not a Commodity. Some people believe that lawyers are a commodity - that is, that there is no difference between the quality of legal service they will receive from lawyer A versus lawyer B. As a result, these people call around and find the lawyer who is the cheapest. They think they will get the same service from this lawyer. This could not be further from the truth.
10. Make Sure Your Attorney is Empathetic and Actually Cares About Helping You Resolve Your Problems. There is a small segment of the attorney population that believes they should be devoid of any emotion or sympathy for the problems of their clients. They believe that to have such feelings would be the equivalent of a doctor who recoils at the sight of blood. Thankfully, most attorneys disagree with this outlook on the profession. You are not hiring doctor, you are hiring a lawyer. Make sure the one you hire has a genuine concern for what is best for you.
Kyle G. Manikas is a former prosecutor and experienced criminal defense attorney that has handled over 900 felony cases, including murder, robbery, malicious wounding, abduction, drug, theft, larceny, embezzlement, and fraud crimes, among others, and thousands of reckless driving and DWI/DUI cases. You can contact Manikas Law LLC for a free, no-obligation consultation, by calling us at 703-873-7473 or 888-503-8075, or contacting us by e-mail.
Read about Kyle G. Manikas by clicking HERE.
