Often, a person who is arrested for DUI does not know how to retain an effective attorney. Most people do not understand the area of law, the legal strategies, the consequences of a DUI charge, nor how to defend the driver's license suspension portion of the case.
The client's predicament is usually made more difficult by the unsolicited letters received from various lawyers seeking employment. These letters, commonly called "jail mail", usually arrive several days after the client's arrest and often further confuse and mislead the client as to what course of action to take. Most "jail mail" lawyers offer to represent a client at a nominal fee and lead the client to believe that they will receive some benefit from being represented by a "jail mail" attorney. In reality, lawyers who charge a nominal fee usually end up pleading the client guilty to the charge. So, the issue becomes, how does a prospective client separate the "ambulance chasers" from the few real lawyers?
A client should quickly take the necessary steps to be referred to a lawyer who will aggressively, confidentially and effectively represent the client's interests. The best referral sources to aid in identifying quality attorneys are recommendations from other attorneys or from relatives or friends who have had similar experiences.
During the initial interview with the attorney, the client should make an effort to discover the attorney's background and effectiveness in handling DUI cases. The following is a list of appropriate questions for the client to ask in an initial interview:
(1) How many DUI jury trials have you done in your career and over the last several years?
(2) Approximately how many have ended in acquittals or hung juries?
(3) How many DMV Administrative Per Se Hearings have you done in the past year?
(4) Approximately how many resulted in set asides? (the equivalent to a not guilty verdict in a criminal case).
(5) Are you affiliated with and participation in the National College for DUI Defense and/or California Deuce Defenders? (These two organizations are devoted to the aggressive defense of DUI cases and any attorney who claims expertise in defending DUI cases should be an active member of one or both).
It is very important for the client and attorney to work well together. In order to retain an attorney, the client should have a certain comfort level that the attorney will work confidentially, diligently and aggressively on the client's case and do what is necessary to achieve the best result.
