Selecting The Right Lawyer

By MARK J. SULLIVAN

Mr. Sullivan is a prominent criminal defense attorney in Palm Springs. For questions about your case or this article, contact Mark Sullivan at 760/3271529
Toll free: 1888/4526555.
Email: trials1@earthlink.net.

Criminal defendants need to investigate and find the right criminal lawyer as soon as possible. The most urgent priority is often getting out of jail and obtaining information about what's to come in the days ahead.

There are numerous ways for an individual to go about finding and selecting the right lawyer, but no matter whom you may select, it is most important that you have total confidence in him, and that you are able to communicate with him and confide in him.

EXPERIENCE AND COMPETENCE:

I am privileged to be among California's very elite lawyers who can refer to themselves Board Certified Criminal Law Specialists. Even before I earned that distinction in 1994, I was considered by many as one of the most successful criminal lawyers in all of California. For more specific information, please read the accompanying pamphlet concerning some of my other qualification and accomplishments.

COMMUNICATION AND CLIENT RELATIONS:

By far, the most common complaint that clients have is that their lawyer doesn't return their calls. Not with me. I always return clients' calls as soon as possible. But it doesn't stop there. Unlike almost any other lawyer of whom I am aware, I publish my home phone number the telephone directory. I am available to talk to at almost any hour of the day, even if my client is in custody and has to call me collect from the jail. Of course, if it is not an emergency, I prefer that clients call me at the office during working hours, and if I am not there, to tell my secretary why they are calling. Sometimes, my secretary or another lawyer in my office can answer their questions, especially if it's a frequently asked question. So be sure to try that approach first. But if you still need to talk to me, leave a number and you will be very impressed with how quickly I call you back with the answer to the question that you already asked my secretary about. But if that doesn't resolve the problem quickly enough, and it genuinely is an emergency, I am more than willing to take calls at my home. Not only that, but I even give clients my cell phone number, although I cannot accept collect calls on it. Very few of my clients have ever abused this accommodation which I afford to them. If I cannot talk, I simply tell them so. But communication between a lawyer and a client is of utmost importance to me, and I am willing and eager to consult with my clients whenever they have an important matter to discuss.

PROVEN RECORD OF SUCCESS:

If you have been represented by a criminal defense lawyer in the past, even if it is not me, that is usually the place to start -- as long as you were well satisfied with his or her services in the past. If not, or if you have no previous experience with criminal defense lawyers, you can look to the following sources for a referral:

REFERRALS FROM INFORMED SOURCES:
You may know some lawyers. Most lawyers do civil (non-criminal) work, such as divorces, drafting wills, filing bankruptcies or representing people hurt in accidents. If you know any attorney that you trust, ask him to recommend a criminal defense lawyer. Some lawyers who do civil work want to represent clients in criminal matters, even if only for the limited purpose of arranging for release from jail following an arrest. This is not a good idea. Sometimes, the most important decisions made in a case (such as whether or not to waive time) are made at the arraignment. Most civil lawyers in the local area refer clients with serious felony charges to me. I am well known as the most experienced and the most competent lawyer in the Coachella valley, and have been for some time.
REPUTATION IN THE COMMUNITY:
Someone close to you may know of a criminal defense lawyer or may have time to look for one. As much as 75% of my clients were referred -- by other lawyers or former clients of mine.

I am also the Legal Analyst for KMIR-TV, News Channel 6, the NBC affiliate for the Palm Springs, Palm Desert area, and as such, I am asked to give on-air commentary on criminal trials of local and national interest.
PUBLICATIONS AND OTHER INVESTIGATIVE RESOURCES:
Martindale-Hubbell directories identify lawyers according where they work and the type of law they practice. The directories even rate lawyers for competency. All law libraries have Martindale-Hubbell books; many general public libraries have them as well. If you have computer access to the World Wide Web, you can also find Martindale-Hubble online at martindale.com.
REPUTATION IN THE COURTHOUSE:
You can visit the courthouse where your case will be pending and sit through a few criminal hearings. If a particular lawyer impresses you, ask for her card after the hearing is over, and then call for an appointment. You can also approach clerks, bailiffs, or attorneys and ask their advice. In my 27 years practicing criminal defense in Riverside and San Ber-nardino County Courts, I have defended many of the follow-ing court personnel who are in a unique position to know which lawyers get excellent results for their clients, and which do not:
- Clerks
- Court Reporters
- Bailiffs
- Police Officers
- Sheriff's Deputies
- Deputy DA's
- Public Defenders
- Civil Lawyers
- Criminal Lawyers
- Judges

I even represented the chief justice of a state supreme court.

In a San Bernardino County District Attorney's office in April, 1998, the prosecuting attorneys were surveyed, and asked which criminal defense lawyer they would want if they or a family member were ever charged with a serious criminal offense. I was the choice of the prosecuting attorneys. The significance of this is that those who were surveyed were deputy DA's, perhaps the individuals most familiar with the capability of all criminal defense lawyers in the area. They chose me because I was the lawyer who worked the hardest, was the most creative, and was the most competent adversary in the courtroom. I was the lawyer who most consistently won cases for his clients. That is an honor of which I am very proud, because when one is voted the best by his opponents, those who go to battle with him and fight with him on a daily basis, you know that the results were not based upon popularity and being a nice guy, but upon results obtained in the courtroom for my clients.

FREQUENTLY ASKED QUESTIONS

SHOULD YOU EXPECT A LAWYER TO GUARANTEE A GOOD RESULT?
Toaster-ovens come with guarantees; attorneys don't. Steer clear of lawyers who guarantee satisfactory outcomes. A lawyer who guarantees a good result is usually trying a hard-sell tactic to induce you to hire him or her. My office guarantees only that I will give you my best professional efforts and excellent representation. If I do not, I encourage you to report me to the State Bar. The State Bar keeps track of such reports, and disciplines lawyers whose performance is not satisfactory.

If you want to go on the internet, you can look me up on Martindale-Hubbell (www.martindale.com), The State Bar of California (calsb.org), or the California Board of Legal Specialization (www.california-special-ist.org). You will find my credentials and a brief resume. And, of course, no record of any discipline, ever.
WHAT IS A PRIVATE LAWYER LIKELY TO COST?
It's impossible to give a definitive answer to this question. Attorneys set their own fees, which vary according to a number of factors:

The complexity of a case. Most attorneys charge more for felonies than for misdemeanors because felonies carry greater penalties and are likely to involve more work for the attorney. Although my policy is not to accept misdemeanor cases, I do, from time to time, make exceptions to this rule, but usually only for former clients.

The attorney's experience. Generally, less experienced attorneys set lower fees than their more experienced colleagues. Plus, the more popular lawyers will charge more because they want to avoid having too many clients and allowing their quality of representation to suffer. Simple economics dictate that if a lawyer charges more, the demand for his services will decrease and his practice will remain under control. I turn down far more prospective clients than I accept, because my services are in great demand. The more cases I accept, the more likely the quality of my representation will diminish. Therefore, I increase my fees so that my clients get the best possible representation.

According to a survey of readers reported in the February, 1996 issue of Consumer Reports, a defendant charged with a misdemeanor should expect to pay a fee in the neighborhood of $3,000-$5,000 for a capable lawyer; a defendant charged with a felony should be expected to pay between $15,000 and $25,000, because he or she needs an experienced and competent criminal lawyer. And most attorneys want all or a substantial portion of the fee paid up front. Although I no longer accept most misdemeanor cases, my fees are in line with the fees quoted in the Consumer Reports Magazine. My lowest fee on a felony case is $15,000, and the more complicated the case, the higher the fee will be.
HOW CAN YOU GET THE COURT TO APPOINT A FREE LAWYER FOR YOU?
Normally, if you want a court to appoint a lawyer for you at government expense, you must ask the court to appoint a lawyer, and provide details about your financial situation. The problem with that is that you will have to attend your arraignment without a lawyer, and will be asked and expected to waive time in order to facilitate the appointment. This waiver is of your speedy trial rights, and you may be severely prejudicing your case by doing so.

The judge will ask whether you want to apply for court-appointed counsel. If you say yes, some courts will appoint a lawyer right on the spot and finish your arraignment. Other courts will delay your case and appoint a lawyer only after reviewing and approving your economic circumstances.

Each state (or even county) makes its own rules as to who qualifies for a free lawyer. Also, the seriousness of the charge may affect a judge's decision as to whether you are eligible for free legal assistance. For example, a judge may recognize that a wage-earner can afford the cost of representation for a minor crime, but not for a crime involving a complicated and lengthy trial.

If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney. Most states provide for "partial indigence," which means that at the conclusion of the case, the judge will require you to reimburse the state or county for a portion of the costs of representation.
DO YOU NEED A LAWYER AT YOUR ARRAIGNMENT?
In most criminal courts the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. Assuming you enter a plea of not guilty, which almost every defendant does at this early stage, the court will then:
- set a date for the next procedural event in your case;
- consider any bail requests that you or the prosecutor make appoint your lawyer, and
- ask you to waive time-that is, give up your right to have the trial or other statutory proceedings occur within specified periods of time.
Most people think that they can handle this proceeding without a lawyer. However, if you can get the court to appoint a lawyer for you without postponing the arraignment (virtually impossible in the local counties), or you are able to arrange for private representation before your arraignment, it's always better to have a lawyer. For example, I usually do not waive time at the arraignment, even though the judge requests that we do so. When a lawyer refuses to do as the judge requests, he sets a tone that the judges recognize, that is, that the attorney is in charge of the defendant's case, not the DA or the judge.
IF YOU ARE INDIGENT, WILL THE COURT APPOINT THE PUBLIC DEFENDER TO REPRESENT YOU?
Because most criminal defendants are unable to afford their own attorneys, many states have Public Defender's Offices. Typically, each local office has a Chief Public Defender and a number of Deputy Public Defenders (PD's). PD's are fully-licensed lawyers whose sole job is to represent poor Defendants in criminal cases. Because they appear daily in the same courts, PD's can gain a lot of experience in a short period of time. And because they work daily with the same cast of characters, they learn the personalities (and prejudices) of the judges, prosecutors and local law enforcement officers' important information to know when assessing a case and conducting a trial. Whether you want a PD or a private lawyer has mostly to do with your ability to pay.