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Hiring Your Trial Lawyer – What to Look For

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scales of justice
Courtesy of mikecogh via flickr.com

If you find yourself in need of a trial attorney, you are likely in the midst of a serious crisis.  Whether you’ve been charged with a crime, been served with a divorce complaint, or been seriously injured by another’s negligence, the attorney you select to represent you can have a serious impact on the outcome of your case.

That being said, although you want to hire a trial lawyer as soon as possible, it is also important that you not rush your decision.  Make sure you feel comfortable that the attorney you hire is right for your case.

Here are a few things to consider:

1. Experience.  Make no mistake, this should be the most important factor.  After all, you want a skilled criminal defense attorney if you are charged with a crime; you want a trial attorney with a firm grasp on family law if you are litigating custody of your children.    During your initial consultation, ask the attorney about their experience with your particular issue.  If they say “none” or avoid answering the question, that should raise a red flag.

2. Confidence.  Having a lawyer with confidence fighting on your behalf is a critical factor in achieving success.  This attribute usually goes hand-in-hand with experience—the more confident the attorney, the more experienced they tend to be.

3. Cost.  Not all great trial lawyers are expensive.  Nevertheless, when considering the fee amount, you want to also consider the financial impact on you and your family.  If the fee will create financial crisis, consider other options.

4. Compassion.  Try and analyze the attorney’s level of compassion for your situation.  A caring attorney is superior; if the attorney appears unsympathetic, that may translate into a lackluster effort.

5. Location.  If you live or work nearby, it is easier to maintain a close relationship with your attorney.  Also, if your attorney practices in the locality where your case is pending, they are more likely to be familiar with the Judge’s in the locality—this familiarity is often vital to success.

6. Your Goals.  Address your goals with the attorney during your initial consultation.  Ask them how they can help you reach those goals and whether the goals are feasible.

I am often baffled when client’s come to me with a serious, life-changing legal issue (i.e. Felony drug charge) and neglect to ask me important questions about my experience, their goals, or their payment options.  Bottom line: don’t be afraid to get a second opinion.  Which lawyer you choose can make a tremendous difference in your outcome.

Difficulties in Divorce: The Tale of Two Households

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Virginia Capital Building
Courtesy of JoeDuck via flickr.com

The price of separation can be one of the largest hurdles couples face during a divorce.  Figuring out how to afford the operation costs of two different households is no easy task.    Once the “marital residence” becomes a misnomer, husbands and wives are staring at the same income levels, but twice the bills.  Two electric bills, two mortgages or rents, two homes to furnish, clean and repair, and sometimes, two daycare providers.

This is particularly difficult in a lot of situations because the spouses did not consider the cost of running two households.  Given that most are overcome with emotion and anxiety during separation, it comes as no surprise that they haven’t first poured over their bank accounts to create a feasible budget for their “new” life.  This financial neglect is common even in cases where the almighty dollar was in fact the root cause of marital discord.

So, in case you happen to be reading this and you are thinking about separation (i.e. leaving the marital residence), and your departure is not emergent (i.e. you are not subject to imminent harm), here are a few tips to consider before you decide to go:

  • Have a plan. Figure out where you are going.  Perhaps the plan is renting an apartment in Richmond or Henrico.  Fine.  Or even retreating to your parents’ place, or a friend’s house in Chesterfield.  Fine.  Just have a plan.  (Note: it would be advisable to ensure that your plan is not “temporary”, try not to find yourself in a position where you are saying something like this: “I’m going to Nancy’s and I’ll figure it out from there”).
  • Review your assets.  Look primarily at “cash-on-hand” (how much money you have immediate access to) and your net monthly income.
  • Tally your expenses.  What new expenses will you have (furniture, rent/mortgage, utilities)?  What current expenses will you continue to incur (phone, insurance, car payment, mortgage)?
  • Compare your cash and net income to your expenses.  How long will your finances last?   If the numbers aren’t comforting, consider modifying your plan.
  • Talk to a family law attorney about your rights incident to separation.  You may be entitled to request support from your spouse, among other things.  They will also be able to advise you regarding the manner/method of your separation to help you protect your rights.  Because separation is often hardest on children, discussing the situation with a family law attorney is particularly important if you have kids.

 

Drug Possession Charges and the First Offender Program

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Richmond, Virginia Skyline
Courtesy of rvaphotodude via flickr.com

In Virginia Courts, if you are charged with possession of narcotics and have no previous drug-related convictions you may be entitled to relief from conviction under Va. Code Section 18.2-251, commonly referred to as the “First Offender Program”.   Be sure to ask your attorney about your eligibility.

How, you might ask?

Convince the Court to allow you to participate (a Judge is not required allow you to enter into the program)—this can be done in a variety of ways, most commonly by an agreement with the Commonwealth’s Attorney, explanation of mitigating factors or simply by entering a plea and advising the judge of your request to be placed into the First Offender Program.

If the Court grants your request, the case will be continued for a period of time (the “probationary period”).  During this time you will be obligated to perform a variety of tasks, including:

  • Completion of substance abuse assessment, and substance abuse treatment/education if appropriate
  • Remaining drug and alcohol free: you will be required to undergo random drug/alcohol screens (note: for a lot individuals, this is the most difficult task)
  • Making reasonable efforts to secure and/or maintain employment
  • Completion of community service hours (at least 100 hours if you are charged with a felony, up to 24 hours if you are charged with a misdemeanor)
  • Complying with a suspended driver’s license: your license will be suspended for a period of time (many judges will authorize a restricted license which will allow you to drive for certain things like work, school, medical care—read the authorized privileges: Va. Code Section 18.2-271.1(E)).
  • Stay out of trouble: if you get new charges during the First Offender Program, you will likely violate the terms of the program.
  • Pay the costs of the program (if you are indigent you can ask the Court to reduce or eliminate the costs).

Note: Be honest with yourself regarding the random drug and alcohol screens.  A lot of people fail the program because of a positive screen.  Why should that concern you?  A lot of Judges consider this program a second-chance and, if you are not fully compliant, they may punish you more severely than if you never even entered the program—many Richmond, Henrico and Chesterfield judges may even impose a significant amount of active jail time for failure to comply.

Don’t let this kind of warning scare you off.  Though the obligations may be difficult, in my humble opinion the upside of successfully completing the program is much greater than the potential downside.  Besides, if all goes well, your new favorite phrase will be: “Case dismissed!”

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Richmond, Virginia 23228
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