how should a criminal defense lawyer conduct his initial interview with his client?

Attorneys usually start assessing the case by interviewing the client. The interview has to be thorough and in as much detail as possible. A detailed talk with the client equips the lawyer with an overall understanding of the strong points as well as the shortcomings of the case.

Full Answer

How should a defense lawyer conduct the initial client interview?

The defense lawyer should use the initial interview as a forum to advise the defendant of his legal rights, explain the parameters of the attorney-client relationship, and discuss the legal procedures involved in the case. The initial client interview allows the defense lawyer to learn about the defendant's story in the defendant's own words.

What happens during a criminal defense interview?

During the initial interview the defense lawyer will learn critical information such as the identity of witnesses, the identity of co-defendants, the location of evidence, and details concerning any potential violations of the defendant's legal rights.

How does a lawyer represent a client in a criminal case?

In a criminal case, a lawyer may be representing a client who protests his innocence, and whom the lawyer believes to be innocent. Assume, for example, that the charge is assault with intent to kill, that the prosecution has erroneous but credible eyewitness testimony

When should a defense counsel advise a client about a case?

Before significant decision-points, and at other times if requested, defense counsel should advise the client with candor concerning all aspects of the case, including an assessment of possible strategies and likely as well as possible outcomes.

How do you conduct a client interview?

Conducting the lawyer-client interviewMake the client feel comfortable. ... Observe non-verbal communication. ... Listen, listen, listen during your initial consultation. ... Integrate with your practice management software. ... Track potential clients by their stage in the client intake process.More items...•

How do you interview a potential client?

9 Business Questions to Ask a Potential ClientWhat Do and Don't You Need? ... What Problems Are You Facing? ... Who Are the Decision-Makers, and What is the Approval Process? ... What Are Your Expectations? ... What is Your Budget, and When Do You Want to Start? ... What Would You View as a Success? ... What's the Next Step and by When?More items...

How do you prepare for a new client interview?

7 Tips to Pass a Client InterviewMake sure that you have a fast, stable internet connection and a good microphone. ... Research about your client. ... Be honest about EVERYTHING on your resume and portfolio. ... Don't be afraid to highlight your accomplishments and showcase your skills. ... Ask them some questions.More items...•

What is the purpose of first interview with a client?

In the initial client interview, you should give the client the opportunity to fully explain the facts, as well as their interests in resolving the dispute. Don't cut off the client. The interview is an opportunity to build a relationship of trust as well as to obtain necessary facts.

How a legal practitioner may conduct an interview with a client?

Tell your client what you know about his case and then let him fill in the blanks. Ask him to walk you through the case and discuss his expectations. Encourage him to express his concerns and tell you more about the desired outcome. Make sure you have a clear understanding of what he wants you to do.

How do you start a client interview example?

2:515:56Stages of Client Interview - YouTubeYouTubeStart of suggested clipEnd of suggested clipAnd we start most interviews with open-ended questions open-ended questions are questions that askMoreAnd we start most interviews with open-ended questions open-ended questions are questions that ask broad things that you're that help that allow your client to fill in the details.

What questions should I ask in a first client interview?

Here are nine interview questions you should ask potential clients and why asking them matters:#1: Why did you come in today? ... #2: Have you ever worked with an attorney before? ... #3: Why did you decide to pursue this matter? ... #4: How can I help you? ... #5: Tell me about your case.More items...•

What do you need to know about the client before the interview?

Before coming in for an interview, make sure you do thorough research about your client. Learn about their business, key figures and competition. Get to know their key stakeholders (LinkedIn can be helpful for this). Let them know that you have studied them.

What questions should a lawyer ask a client?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?

What are the stages of lawyer/client interview?

Scroll down to learn about the three key stages in a legal interview. Or click on one of the stages to go directly there: listening, questioning, advising.

What is the purpose of a client interview?

The purpose of the client interview is to obtain as much information in respect to the situation presented by the client. A second purpose is to sell the attorney’s services. In order to convince the client to retain the attorney, it is necessary to gather as much information as possible about the issue presented by the potential client and ...

What does it mean when an attorney sells his services to the client?

This requires that the attorney convey to the client the approximate value of the case and confidence that the attorney can accomplish the client’s goals. At times, the client’s goals will be unreasonable.

What information should be gathered on every client and potential client?

Information to be gathered on every client and potential client includes everything needed to contact the client. The interviewing attorney should obtain not only the name and address of the client, but also place of employment, home, office, and cell phone numbers, e-mail address, and fax access.

Why is it important to have a lawyer be candid?

It is most important that the attorney be candid and realistic in order to avoid problems with the client. The candor displayed by the attorney in discussing the case must also be used in discussing the attorney’s fees. An attorney’s fee is dependent upon the type of case involved.

What is the predominant method of billing by law firms?

The predominant method of billing by law firms is for hourly fees. In some cases, the losing party in a lawsuit is responsible for payment of the prevailing party’s legal fees. Courts most often use the lodestar method of determining the amount of fee and costs are reasonable and should be paid by the losing parties.

What is the mainstay of insurance practice?

While the mainstay of an insurance practice concerns claims against insurance company, law firms are also involved in compliance issues. Each state has adopted statutes and rules regulating sale of policies, policy forms, payment of claims, cash reserves, accounting, and investments.

Do state courts have one judge?

In state courts, particularly those courts with a lot of judges, it is rare that one judge will follow the case from beginning to end. Unless a case is particularly complex, the attorney will appear before a different judge for motions, discovery disputes, settlement conferences, and trials.

DO NOT SAY ANYTHING TO THE POLICE!

You can give them simple basic information such as your name, date of birth and your home address and that's it. Talking to the police and giving your side of the story will not benefit you.

TALK TO A CRIMINAL LAWYER IMMEDIATELY!

Most jails and police stations allow you some privacy to make a phone call and criminal attorneys are available to meet with you in emergency situations. You can rely on a friend or family member to help you reach an attorney.

How a Criminal Defense Attorney Help You

Consult & Inform - A good attorney should meet with the client and meticulously review the police report and all the evidence related to the case.

Hiring the Right Criminal Defense Lawyer

Hiring a criminal defense attorney can be a daunting experience. Interview and screen the lawyer in person (not by phone) with the goal of hiring the right one for your case. Interview several lawyers and consider the following:

What does the client tell the attorney?

The client tells a narrative of the events as to what they want to share with the attorney. Sometimes, the client tells us everything including whether or not they’ve committed the crime. Other times, it’s just a version of the events that the client wants the attorney to hear.

Why do criminal defense attorneys advocate for their clients?

As a criminal defense attorney, you have to effectively advocate for your clients because they are deserving of leniency. I don’t think of the people I represent as bad people by any stretch of imagination. Rather, they are people who had a bad moment or made bad decisions.

Why do you need a private criminal defense attorney?

The benefit of hiring a private criminal defense attorney is that you do get more individualized attention. You don’t get shuffled among hundreds of attorneys that work for the public defender’s office or legal aid. You have someone in your corner that is accountable for your case.

What is the best thing about criminal defense?

The best thing about criminal defense is that you don’t do the same thing over and over again as you may do with real estate law or wills and estates. Part of being a criminal defense lawyer is understanding what the facts are on a micro-granular level.

Why is video surveillance important?

In a lot of cases, video surveillance is crucial in assessing the matter in determining the client’s guilt or innocence. If the video surveillance is not preserved or subpoenaed shortly after the arrest, it’s gone and it can never be brought back.

Can a defense attorney question a client?

For example, if the client wants to testify falsely at trial, the defense attorney cannot question the client when the client gets up on the stand. It has to be done in a narrative form. So the attorney has to ask the client what happened, and the client has to give a narrative.

Can an attorney get information from Pacer?

The attorney is able to get a lot of the information on federal matters from Pacer, which is an online repository of documents. However, with state cases, the attorney has to physically go to court to get these documents, which is usually impossible to do prior to the first meeting.

When interviewing a criminal defense attorney, is it time to select one to hire?

When you are done interviewing the criminal defense attorneys, it is time to select one to hire. Your decision is easy if one clearly met all your criteria. But if youre torn between two or more, ask for the contact information for some former clients. Call them and ask about their experiences working with their lawyer.

What documents do criminal lawyers need?

Some documents that will help the criminal law lawyers understand your situation are: Your bail papers. Any documents from the court showing your charges and next court appearance date. A copy of the police report, if possible. Any paperwork you may have received if your property was searched.

How do lawyers charge for their time?

Most lawyers charge for their time using one of two billing methods: Either with an hourly fee or a flat fee. It may be worth it to shop around, comparing hourly rates and flat fees.

What to do if you have been charged with a crime?

If youve been charged with a crime, you need the services of a lawyer. To find the right one, consider interviewing a couple of criminal defense lawyers. If you do not know which questions to ask, this article can help.

Why do lawyers use case management?

Lawyers use the term case management to describe how a case is handled behind the scenes. Its important for you to know the logistics, so that there will be no misunderstandings. Some relevant questions to ask include:

Can a criminal defense lawyer meet you personally?

Some criminal defense lawyers are so busy, they may not have time to meet you personally. They may have their staff meet with you. You shouldnt eliminate them as possible candidates just because they are unable to meet you personally. Come to the meeting prepared.

Friday, June 10, 2011

A while back I did interviews with various folks involved with criminal justice, including Judge Mike Lynch and crime scene specialist Stacey Wells, but I never got around to serving up the words of the men in black hats, the people who strive to put crooks back on the streets (I'm kidding, I'm kidding).

Interview with a Criminal Defense Lawyer

A while back I did interviews with various folks involved with criminal justice, including Judge Mike Lynch and crime scene specialist Stacey Wells, but I never got around to serving up the words of the men in black hats, the people who strive to put crooks back on the streets (I'm kidding, I'm kidding).

When the prosecution makes requests for specific information, should defense counsel provide specific responses?

When the prosecution makes requests for specific information, defense counsel should provide specific responses rather than merely a general acknowledgement of discovery obligations. Requests and responses should be tailored to the case, and “boilerplate” requests and responses should be disfavored.

When before a jury, should defense counsel not knowingly refer to, or argue on the basis of, facts outside

When before a jury, defense counsel should not knowingly refer to, or argue on the basis of, facts outside the record, unless such facts are matters of common public knowledge based on ordinary human experience or are matters of which a court clearly may take judicial notice, or are facts that counsel reasonably believes will be entered into the record at that proceeding. In a nonjury context counsel may refer to extra-record facts relevant to issues about which the court specifically inquires, but should note that they are outside the record.

When a representation ends, should the client request the client's file?

(a) When a representation ends, if the client requests the client’s file, defense counsel should provide it to the client or, with the client’s consent, to successor counsel or other authorized representative. Defense counsel should provide the client with notice of the file’s disposition. Unless rules or statutes in the jurisdiction require otherwise, defense offices may retain clients’ files unless a client requests the file. If the client’s file remains with defense counsel, counsel should retain copies of essential portions until the client provides further instructions or for at least the length of time consistent with statutes and rules of the jurisdiction.

What is a court properly constituted to hear a criminal case?

A court properly constituted to hear a criminal case should be viewed as an entity consisting of the court (including judge, jury, and other court personnel), counsel for the prosecution, and counsel for the defense.

What are the steps to make a clear record for potential review?

Such steps may include: filing motions, including motions for reconsideration, and exhibits; making objections and placing explanations on the record; requesting evidentiary hearings; requesting or objecting to jury instructions; and making offers of proof and proffers of excluded evidence.

What is defense counsel?

(a) As used in these Standards, “defense counsel” means any attorney – including privately retained, assigned by the court, acting pro bono or serving indigent defendants in a legal aid or public defender’s office – who acts as an attorney on behalf of a client being investigated or prosecuted for alleged criminal conduct, or a client seeking legal advice regarding a potential, ongoing or past criminal matter or subpoena, including as a witness. These Standards are intended to apply in any context in which a lawyer would reasonably understand that a criminal prosecution could result. The Standards are intended to serve the best interests of clients, and should not be relied upon to justify any decision that is counter to the client’s best interests. The burden to justify any exception should rest with the lawyer seeking it.

When should a defense counsel move to acquittal?

Defense counsel should move, outside the presence of the jury, for acquittal after the close of the prosecution’s evidence and at the close of all evidence , and be aware of applicable rules regarding waiver and preservation of issues when no or an inadequate motion is made.