Hiring a Good Criminal Defense Attorney in Cases Involving False Accusations of Physical or Sexual Abuse

Choosing a lawyer is without a doubt an important decision. There are many kinds of legal troubles, and it’s critical to find an attorney who possesses the right expertise for your case. In a case involving false allegations of physical or sexual abuse, if you make a rushed and  uninformed choice, the financial and emotional costs can be great. Here are some simple ideas about making an informed choice in these difficult times:

1. Exactly what type of attorney do you need?

Has your spouse or the social services department made a phony allegation against you? If so, you  need a team of litigators who specialize in mental health and false allegations of sexual abuse.  Have you been charged  with a sex crime?  Then you need an attorney who specializes in criminal law and defense.  Has someone has made a false accusation against someone you love?  Here, too, you need a team of litigators experienced in handling criminal cases.

2. What’s this going to cost?

Abraham Lincoln (himself a lawyer) once remarked that time and advice are a lawyer’s stock in trade. So remember, you get what you pay for.  Depending on the area in which you live and the subject matter of your legal claim, the hourly billing rates can range from $100 to as much as $500. There are a number of standard fee arrangements that a lawyer may suggest:

• Retainers
• Flat Rates
• Hourly rates
• Contingent fees

Retainers are usually an advanced payment on the hourly rate for a specific case. The retainer is usually placed in a special account, often regulated by the state bar, and the cost of services is deducted from that account as they accrue. During the case, the lawyer should send you periodic billing statements, showing how much has been deducted from the retainer. Most retainers are nonrefundable because in order to get up to speed on your case, the lawyer and much of the lawyer’s office has to stop doing other work and concentrate on your legal matter.

Flat fees may be suggested when your legal matter is simple. Traffic tickets, wills, and uncontested divorces are common subjects of flat-fee agreements. The flat fee may only cover the attorney fees, with other expenses such as filing fees being additional to the attorney fee.  

Hourly rates are the most common arrangement between attorney and client. The attorney bills the client at an agreed hourly rate for the amount of time the attorney spends in resolving the matter.  This billing should include a reduced rate when the attorney’s helpers like a clerk or paralegal or legal assistant works on the case. An lawyer’s hourly rate is usually an indication of the lawyer’s experience, operating expenses and competence. Cheaper is not better when it comes to your legal rights.  An attorney experienced with cases like yours will be better able to assess the case and give you an estimate of how long it will likely  take to complete.

3. How do you start your search for the right lawyer?

Try the Internet. Use a search engine and see if there is anything written by lawyers who could be of help in the area you need.  Search for articles by and about lawyers in that area of law.  Forget the Yellow Pages.  Why?  Because the Yellow Pages are very expensive; therefore, lawyers need high volume to afford them, and as a consequence can only render low quality service.  In addition,  the Yellow Pages are dominated by local lawyers who may not really be expert in the particular area of law you need.  Try asking friends and family to search with you.  If family or friends recommend an attorney, ask what kind of matter the attorney handled for them, whether they were satisfied, and what the representation cost. You should also consider contacting the state bar and ask if they have a referral service.

4.  You’ve got some info, now what?

Now that you’ve got a list of some possible lawyers, email them or call them up. It would be helpful if you wrote yourself a  short script with a brief explanation of your case as well as a list of questions to ask each office on your first call, depending upon the nature of your case.  Go through your list of questions.  Evaluate how the lawyer’s office staff respond to you.  If things sound reasonable, set up an appointment either in person or over the telephone.  

5. The first meeting.  Remember, the lawyer works for you.

If it is your first experience with the legal profession, you may be nervous or anxious about dealing with an attorney, but remember, the lawyer works for you!  Take your list of the issues that you think are important. Also take your list of questions to ask, and ask them. Don’t worry about repeating yourself.  Many of the questions may be repetitions of the questions you asked before you made the appointment.   It doesn’t hurt to ask again.  The lawyer’s willingness to answer your questions may be an important indicator of the lawyer’s personality.  If anyone has served you with legal papers, take them with you and ask the lawyer to look at them.  During this telephone or face-to-face meeting, you should be asking yourself:

• Is this person listening to me?

• Does this person know about this area?

• Is this person giving me an honest evaluation of my legal situation? 

• Can I believe this person?

• Can I trust this person?  

• Will this person fight for me and my family?
  

6. Talk about money.

Remember Abraham Lincoln once remarked that time and advice are a lawyer’s stock in trade.  So ask about money.

• First ask about a fee agreement.  If the lawyer is unwilling to put a fee agreement in writing, cross that attorney off your list.
  
• Ask if it is possible to have the fee agreement include a provision that requires periodic, itemized billing.

An itemized bill will list and detail every charge, so that you can review it and compare it to your fee agreement.

7. Pick one and then work on keeping up your end of the relationship.

The lawyer you pick should agree to work with you as part of a team. This means that you will have assignments, just as the lawyer has. You and the lawyer must coordinate who is doing what and have a process agreed upon to so that work is properly delegated and not duplicated.

8. The parameters of a healthy attorney/client relationship

Every state has a professional code of ethics which requires certain kinds of behavior from the lawyer.  The lawyer should give you a copy of this code.  Your attorney has specific responsibilities to you that are embodied in that code of ethics.  The provisions of the ethical code that mean the most to you have to do with competence, loyalty, confidentiality, and vigorous representation.  Any lawyer you hire, must display basic competence and the ability to analyze legal issues.  Also, the lawyer must have knowledge of the law applicable to your case.  The lawyer  must also communicate with you in a timely and effective way.  The ethical codes also require that the lawyer owes you a duty of loyalty. This means that the lawyer can’t represent two clients at the same time who have conflicting legal interests.  One of the most important aspects of the attorney/client relationship is the requirement of confidentiality.  This is especially important because you must be able to tell the lawyer the whole story so her or she can plan for you correctly.  But you, too, have to watch out that you don’t inadvertently destroy the privilege of confidentiality.  When you share confidential communications with others, you may inadvertently destroy the very privilege of confidentiality you need to rely on.

9. What if things aren’t going well?

Your lawyer is obligated to communicate with you and keep you advised about the case. That doesn’t mean the lawyer has to hold your hand or call you all the time.  But the duty to communicate continues throughout the case.  So, before you decide that your lawyer isn’t communicating adequately with you, ask yourself whether you’re being reasonable.  Remember, when your lawyer talks to you, it will cost you money.  So remember, if the lawyer feels the call is unnecessary, it may be because there are no developments in the case and no need for you to talk directly with him or her.

If you think your lawyer is no longer interested in your case, talk to him or her immediately.  Be frank with your concerns.  Remember, he or she has a duty of loyalty to you.  It is also the case that your lawyer has to use independent professional judgment.  If the two of you are stuck, find that out immediately.  If you feel that your lawyer has acted improperly or unethically, make sure you speak to him or her directly as soon as possible.  If you cannot resolve the matter directly with him or her, contact your state's lawery disciplinary agency and file a complaint.  If your lawyer has acted unethically, the disciplinary authorities can take action.  These actions may range from  censure and/or suspension to disbarment.

10. So? Can you fire ‘em?

Of course! You can fire the lawyer anytime you are unhappy with his or her services. And you can fire them even if the case has been filed in court.  But remember, the lawyer is entitled to payment for services rendered up to the time of dismissal.  If the case has already been filed, you may need the court’s permission to allow the lawyer to withdraw.  If the case is close to trial, the court may be reluctant to allow the lawyer to withdraw.  This is the often the case when dismissal will delay the proceedings.  You must also remember that under the law of some states, the lawyer you fired may  keep your file until you have paid your bill--all the more reason to get it right the first time and then work to maintain a good working relationship.