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The

Law Offices Of

James A.H. Bell, P.C.

865.637.2900

There are several consideration one might utilize as a potential client when making any decision to employ a criminal defense lawyer. This is a brief introduction on factors to consider, with a brief commentary.

1. Can you communicate freely with the lawyer? If you cannot, the meeting should be ended quickly, but at least allow the lawyer to relate the procedure, the law of your case, and the salient facts that are important to your defense. The initial meeting should last at least one hour.

2. Has your lawyer tried a case like yours to a verdict recently before a judge and/or jury? If he/she has not, the meeting should be ended quickly. If the lawyer represents that he/she has experiences in trying cases, ask the lawyer to give you a reference to an actual trial, not a hearing. A review of the jury verdict should be available to share with you.

3. Is the focus of the discussion on plea agreements or money? If so, the meeting should be ended quickly. Trial lawyers need time to develop a defense and they look for witnesses (persons on cell phones, eyewitnesses, documentary evidence, medical records, etc.).

4. Has the lawyer told you your defense to the crime charged and the method or means by which the defense will be asserted? If so, listen to the counsel of the lawyer. If not, you may want to consider other alternatives.

5. Does the lawyer bash other good trial lawyers, or relate good things about good lawyers? If the lawyer you are interviewing bashes or degrades other good lawyers, you might wonder what this lawyer will say about you when your litigation is concluded.

6. Does the lawyer's web page accurately portray the lawyer's experience? Remember that web pages are advertising and that the lawyer directs exactly what is contained on the lawyer's web page. You might want to cross reference the ad against known facts. For example, if a lawyer says he was counsel in the celebrated case of State v. Johnson, call the clerk's office and find out if he was the lead counsel, rather than the briefcase carrier.

7. What is the lawyer's trial experience with juries? Generally speaking,  a lawyer who has tried to verdict more than 25 to 40 trials is considered a veteran trial lawyer.

8. Are the lawyer fees more substantial than the non-trial lawyers you have considered? Fees for legal expenses are steep if the case is one that is going to be tried. If the lawyer is taking the case for less than five thousand dollars, he/she has a volume practice and cannot adequately prepare for trial.

9. Will the lawyer utilize the skills of a legal investigator? Lawyers do not investigate cases nor interview witnesses, except in civil cases where there is a recording. Lawyers who rely on the prosecution providing information to them would not, in our opinion, be conducting an adequate and thorough investigation into the defense case.

10.