things to remember when meeting with lawyer defense

The best thing you can do at this point is to exercise your right to remain silent, except for asking for an attorney. You have the right to have an attorney present during all questioning and to consult with a lawyer. Ask for a lawyer and then stop talking until you meet with a criminal defense lawyer.

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What questions should I Ask my Lawyer?

Feb 05, 2018 · Be alert and try to read what the judge is really asking before deciding whether an argument or question is really necessary. Learning from trial textbooks is critical to preparing for trial, but be practical in your approach and be prepared for the unexpected. Ask for help from those who have been through a trial.

How do I Manage my meetings with my lawyer?

Jun 18, 2014 · Remember: Like your relationship with your doctor, you bear the responsibility for making sure it's productive and that you're satisfied. If you have questions, ask them. Your lawyer should be able...

How do you prepare for a witness stand?

Here are eight approaches to better handle the difficult lawyer. 1. Point out Common Ground. Nothing takes someone off guard faster than telling them you agree with them. And nothing will confound the difficult opposing counsel like telling them there is …

Is Everything I say to my lawyer confidential?

Attorney fee arrangements may be based on a contingency fee, a flat fee, or hourly fee basis. It is important to discuss an attorney’s fee arrangement during the consultation; and; Legal Claims and Facts: It may seem obvious, but a consultation will always include a discussion of the legal facts and your legal claims.

How do I prepare for my first meeting with a lawyer?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What questions would you recommend the defense attorney ask?

15 Questions To Ask Before Hiring a Defense AttorneyHow long have you practiced criminal law? ... What are your educational and professional credentials? ... Have you handled cases like mine before? ... What is your success rate? ... Do you have any testimonials from past clients that I can read? ... How often do your cases go to trial?More items...

What is the most common argument of a defense attorney?

Common Defense Strategies in Criminal CourtNo intent to commit the crime (accident)Mistake of fact.The crime was committed out of duress or necessity.Police misconduct or a violation of your rights.Intoxication (may still result in other charges)Self-defense.Insanity (may still result in institutionalization)

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How do you talk like a lawyer?

8:4911:16How to Speak like a Veteran Lawyer in 11 minutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo when you speak and it's very hard to explain empathy and non verbals. But you're going to useMoreSo when you speak and it's very hard to explain empathy and non verbals. But you're going to use very soft friendly. Body language tonality and eye contact.

What does a defense lawyer do?

Criminal defense attorneys (private and court-appointed) research the facts, investigate the case against their clients, and try to negotiate deals with their adversaries (prosecutors). These deals might include reduced bail, reduced charges, and reduced sentences.

What should I ask a criminal?

Five Questions You Should Always Ask During a Consultation with a Criminal Defense AttorneyHow Do you Bill Clients? ... Who Will be Handling my Case? ... What is your Experience with Cases like Mine? ... How Often Do you Go to Court? ... And How Often Can I Expect to Hear from You?Jun 9, 2020

How do I ask my lawyer about my case?

10 things to ask your lawyer in a case reviewHave you handled this type of case before? ... What is the best method for contacting you? ... Who will be handling my case? ... To whom may I speak with about my case? ... What are your fees? ... Are there other fees for which I will be held responsible?More items...•Apr 18, 2014

What are the 7 procedural defenses?

Some common procedural defenses are entrapment by the government, false confession by witnesses, falsified evidence, denial of a speedy trial, double jeopardy, prosecutorial misconduct, and selective prosecution.

What are 5 defenses to criminal conduct?

We have provided a helpful list of the major criminal defenses below.Innocence. One of the simplest defenses to criminal liability is the defense of innocence. ... Constitutional Violations. ... Alibi. ... Insanity. ... Self-Defense. ... Defense-of-Others. ... Defense-of-Property. ... Involuntary Intoxication.More items...•Feb 12, 2019

How do you win a case?

FOUR THINGS TO REMEMBER TO WIN A COURT CASETell the Court Everything That It Wants to Know. ... Know the Facts and Questions of Law. ... Present Your Case Convincingly. ... Avoid Lengthy Unreasonable Arguments & Tiresome Cross Examination.

Why is it bad to have late meetings with a lawyer?

Even when a client’s interests are not affected in substance, unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer’s trustworthiness. You can lose the client.

How to build a strong lawyer-client relationship?

Here are a few tips for creating a strong lawyer-client relationship: 1. Be diligent. First and foremost, you have an obligation to be diligent on behalf of your clients. Rule 1.3 in the ABA Model Rules of Professional Conduct states, “ [a] lawyer shall act with reasonable diligence and promptness in representing a client.”.

How to avoid disappointment in a client?

Manage expectations. On top of communicating clearly, you’ve got to ensure your client understands exactly what you can do for them. Managing expectations is key for avoiding disappointment down the road. Don’t make promises you can’t keep, as this can erode your clients’ trust.

Can lawyers face personal risk?

That’s an extreme example, but lawyers can face personal risk to themselves or their property as a result of being diligent to their clients. Whether it’s managing your day-to-day commitments or meeting a larger, more timely obligation, having a strong daily routine will help you keep track of your obligations.

What is a good lawyer?

A good lawyer works with you, helps you understand the situation, and guides you to the best possible result. To do that, they need a client they can work with. Here's how to be just that. Advertisement.

Do your experiences matter in court?

It's not that your experiences don't matter , but some things that you may think are critical ("The cop didn't read me my rights before he cuffed me!") just aren't important to a court (in some situations, they're not required to). Mention those types of things once, and then continue to the next point.

Is a lawyer a human being?

Your lawyer is still a human being, and they need to experience the events you're describing or your situation as close to how they happened as possible. Jumping forward and back in time or going off on tangents is confusing, and may lead to an important detail being overlooked.

How to deal with a difficult attorney?

The difficult attorney likes to make demands and inflammatory statements. He likes to be in control of the conversation. You can flip the script by using a reframe. Change complaints to requests. Instead of focusing on what they are dissatisfied with, focus the conversation on what it is they would like to have happen. Restate positions as interests. They may be demanding one thing, but what are they really looking for? Have a conversation about how to satisfy both sides’ interests. Define individual goals as joint ones. You will automatically change a competitive situation into a collaborative one. Change the focus from the past to the future. Next time opposing counsel says, “I’ll expect an answer by the end of the day of the day.” You can say, “I am glad that we both want to have this matter settled quickly.” Then negotiate a timeline that works for both of you.

Is opposing counsel a problem?

Remember, opposing counsel isn’t the problem; it’s the tactics they are employing that are problematic.

How to consult with an attorney?

Before consulting with an attorney you should make sure that you properly prepare for the consultation by gathering any and all documents that are relevant to your case. It is important to bring every document you have for the attorney to review, as they will be able to properly determine which documents are relevant, and which are not. Documents that you should bring with you may include any of the following: 1 Contracts: If your claim arose from a contract dispute, then you should bring copies of the contract and any documents explaining the contract; 2 Police or Accident Reports: If possible, you should bring any police or accident report that was created as a result of the incident you were involved in; 3 Property Deeds: If your claim involves a property dispute, you should be sure to bring a copy of the deed or any documents relating to the property, such as an oil and gas lease, etc.; 4 Employment Records: If you claim is an employment dispute, then you should bring all of your employment records, such as your employment contract, employment agreements, or timesheets; or 5 Other Documents Evidencing Damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or any warranties or letters created by the party you are trying to sue.

How to prepare for a consultation with an attorney?

Before consulting with an attorney you should make sure that you properly prepare for the consultation by gathering any and all documents that are relevant to your case. It is important to bring every document you have for the attorney to review, as they will be able to properly determine which documents are relevant, and which are not.

What is legal advice?

Legal advice is advice given to a person that seeks the advice from an attorney, the advice given pertains to matters within the attorney’s competence, and the attorney expressly or impliedly agrees to give advice or their assistance in the matter. If such legal advice is given an implied attorney-client relationship may be formed between you ...

What is a legal consultation?

In short, a legal consultation is an initial meeting with an attorney that takes place before you make the decision on whether to hire that attorney to represent you in your particular legal matter. Further, the attorney will also use the consultation in order to determine if they can legally and competently represent you based on ...

Why is it important to be honest during a legal consultation?

Another reason to be completely honest during a legal consultation is that legal consultations will always be confidential. This means that what you discuss with an attorney will not be discussed outside the meeting room.

What documents are needed to bring a lawsuit?

Other Documents Evidencing Damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or any warranties or letters created by the party you are trying to sue.

Is it important to discuss attorney fees during a consultation?

It is important to discuss an attorney’s fee arrangement during the consultation; and. Legal Claims and Facts: It may seem obvious, but a consultation will always include a discussion of the legal facts and your legal claims.

How to be respectful in court?

Similarly, be respectful of the opportunity to speak with opposing counsel and the judge in chambers. Remember that there is a difference between making an argument and being argumentative. Once you have made your presentation, focus on listening. You may learn something, and, regardless, you are unlikely to change anyone’s mind by being disrespectful. Additionally, treat courthouse staff with kindness, and do not overly distract them from their other responsibilities.

How to do a settlement conference?

If settlement conferences are typical in your area of practice, consider letting clients know at one of your first meetings that this is an option, and what it entails. Follow up by letter or email to your client once you determine that a settlement conference is the next best step. Discuss whether the parties will be present at the settlement conference, where it will be held, and whether it will be on or off the record. Inform your client, if you can, about the court’s protocol for allowing a substitution of judge after a settlement conference.

How to avoid potential problems later?

To avoid potential problems later, confirm your client’s agreement to conduct a settlement conference while both parties and attorneys are present at a pretrial hearing.

What is informal settlement conference?

Often, informal settlement conferences are held with attorneys and the judge in chambers, perhaps with the parties present as well, especially if one party is not represented by an attorney. While there are provisions for settlement conferences in criminal cases, this article focuses only on civil cases, particularly in the area of family law.

What do paralegals do?

A paralegal or legal assistant could assist in preparing a basic summary of the parties’ ages, employment, income, children, and the like, depending on what is relevant. Additionally, you should have a good idea of your client’s goals in any settlement. If you have not had detailed conversations about his or her expectations, you will be less likely to have a productive conversation.

Why is it important to focus on specific issues?

Focusing on particular issues will enable you to make the most efficient use of your time and the court’s. Additionally, if you can discuss the issues with opposing counsel ahead of time, you are less likely to be surprised and, consequently, you will be better prepared for the conference.

Why do you bring copies of case law?

If there are relevant statutes or case law on point, bring copies with you so that you can accurately cite them to the court. Saying that you know that there has been a decision on a lesser known aspect of the law, but not having it with you to cite, is always less convincing. 7.

What to do if you are not a party to a lawsuit?

If you are not a party to the lawsuit and do not have representation, retain an attorney for the limited purpose of defending you in your deposition. Prior to the deposition, meet with your attorney for a preparation session. Ask him or her to provide expected topics and go over sample questions.

What is the job of a witness?

Your job as the witness is to make the examiner ask good questions. If you do not understand the question, do not answer and ask the examiner to rephrase. If the examiner makes a statement and then pauses, you do not need to say anything. No question, no answer. A deposition is not a conversation.

How long after a lawsuit can you take a deposition in Indiana?

Doesn’t matter- the Indiana Rules of Trial Procedure allow parties to a lawsuit to take the deposition of any person twenty days after a lawsuit has been filed. Although being on the hot seat will certainly be slightly uncomfortable, if you keep these tips in mind, the deposition is likely to go smoothly. 1. Prepare.

What should your response be limited to?

Answer Only as to What You Know. Your response should be limited to what you saw, heard, or did. You can only answer to your perception or memory of a situation or series of events. You should not provide conclusions or opinions on a subject matter (unless you are serving as an expert witness).

Can a court reporter record inaudible responses?

The Court Reporter documenting the deposition strives to capture a complete and accurate recording of your responses. However, the Court Reporter cannot capture inaudible responses so it is imperative that you provide oral responses and avoid “uh-huhs” or inaudible head nods.

Does it matter if the examiner befriends you?

At the end of the day, it does not matter if the examiner befriends you because he or she does not decide the case and his or her perception of you has no bearing on the outcome. These are just a few of the considerations you should keep in mind when preparing and participating in a deposition.

Is a deposition a conversation?

A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.

What is thesis defense?

A defense on the other hand generally means the evidence that act as a support for the work.

What is a defense in viva voce?

A defense on the other hand generally means the evidence that act as a support for the work. The evidence you will be selecting for your work is defended by the dimension of the work you have undertaken. In the viva voce hall, most of the questions that the internal or the external asks center on these defense questions.

What to do when cross examined by opposing attorney?

Particularly when being cross examined by an opposing attorney, don't volunteer information that was not asked! This will only assist the opposition in obtaining additional facts to bury your case or that of your ally. If the answer to a loaded question on cross examination is "yes" and you feel compelled to volunteer an explanation which will minimize an unfavorable appearance, remember that your attorney may question you again to permit the opportunity for such an explanation. By trying to "sneak" the explanation into your testimony on cross examination, you will look very defensive on the witness stand and harm your own credibility.

What are the tips for a trial?

When testifying in court, consider these "Ten Tips for Trial Testimony": 1. Be truthful. This common sense advice remains the very best recommendation for any witness taking the stand. When testifying, do not try to "argue" your point, dodge questions to avoid problem areas, or place any type of "spin" on your version of the facts.

Why do witnesses have to answer different questions?

A very common problem in testifying, many witnesses are so anxious to cooperate and to provide quick answers that they don't wait until the entire question is asked. As a result, they often answer a different question than the lawyer intended and disrupt the flow and effectiveness of the questioning.

What does it mean to be an attitude witness?

Witnesses who display an "attitude" on the stand are letting their emotions interfere with their own testimony. On the witness stand, keep your emotions in check! Those who fight with opposing counsel rarely win in the long run.

What to do if you don't understand a question?

Don't try to make sense out of the question yourself. If you don't understand a question, ask that it kindly be repeated or rephrased.

Is a witness a computer?

Witnesses are not "human computers." Many of us have difficulty remembering what we had for dinner last night, to say nothing of events which may have occurred months or years earlier. If you don't know or remember particular facts, do not give your best guess as to the answer. In the hands of a skilled advocate on the other side, guesswork can provide just the tool needed to destroy a witness' credibility and leave him limping off of the witness stand

Should witnesses be cooperative?

Be Cooperative, But Don't Be Forced into an Inaccurate Answer. Even when dealing with opposing attorneys, witnesses should be cooperative in answering questions and should not show antagonism on the stand. However, witnesses who are too cooperative and give the questioner what she wants to hear may kill their case.

Can a defense attorney ask a question about a convicted spousal abuse case?

The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.

Can a defense lawyer talk to a witness?

Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

Can you ask the same question at a deposition?

He may not be able to ask that same question at trial, but during a deposition, it may be fair game. Even if he gets an answer to a strange question, again, it doesn't mean he'll be able to use it later on at trial. You need to know that during this pretrial question and answer session there are two types of questions which you should NEVER answer.