DUI News

This is the final post in this series on choosing a DUI lawyer. In each of the previous posted we went over the different types of lawyers you could possibly choose to represent you in court and the pros and cons when it comes to each of them.

In the final part of this series I am going to go over the lawyer interview process and some of the most important questions you need to ask each lawyer you interview to see if they are truly qualified to represent you in court and if you feel comfortable working with them.

For most of you, the process of interviewing a lawyer might be out of your comfort zone, but it is imperative if you want to find and hire the best possible DUI lawyer for your case. You never want to choose a lawyer based on what you hear from a friend or relative, just because the lawyer they chose did a good job for them, doesn’t necessarily mean that that lawyer is going to work out in your situation.

When you start your search for a DUI lawyer to represent you in court, I recommend that you speak with at least 3 different DUI lawyers at 3 different law firms before making your final decision as to which one is going to handle your case. You want to make sure that you ask each of them the same questions, that way you are comparing apples to apples when it comes down to things like experience, win percentages, etc.

I know what you are thinking; “I’ve never conducted an interview before, I don’t know if I can do this”. It’s OK, breath, I’m going to tell you exactly what questions you must ask and why. Here we go:

Do you practice DUI law?

This question is pretty obvious, but you should still open with it. If the lawyer’s answer is anything other than “yes”, move on.

How many years have you been practicing DUI law in this state?

This question will tell you a lot about the lawyer’s potential experience level, but you also need to dig a little deeper and find out if all those years have been dedicated to practicing DUI law or if the lawyer started out as a all-around criminal lawyer and didn’t actually try his first DUI case until last year or something like that.

How much experience do you have when it comes to representing people who have been charged with drunk driving?

Again this is an experience question. It is very important that you nail down the lawyer’s actual background and experience. Remember this is your life we are talking about here. You must be able to leave the lawyer’s office feeling confident that you have spoken to someone who has real expertise and experience in DUI law. If you leave the lawyer’s office and have a gut feeling that he is not the right lawyer, chances are that you are right.

Do you have real experience handling a drunk driving case like mine?

You most certainly do not want a lawyer who sees your case as a new experience and would love to try your case. You don’t want to be some lawyer’s practice DUI case, leave that to someone else. You only want a lawyer who has real world experience when it comes to trying a case like yours.

How many drunk driving cases have you taken to trial?

If you stand a chance at winning your case or having the charges against you reduced by going to trial, you need to make sure that the lawyer you are interviewing has actually taken a case like yours to trial before. You also need to know what the outcome of those cases were, because obviously going to trial is going to cost you a lot more money, so you need to make sure the lawyer has the trial experience and track record you need.

Who in your office will actually be handling my case and what are their qualifications?

You are going to find out that most lawyer work with a team of individually when it comes to cases. You need to find out if the lawyer you are speaking with is actually the person who will be doing the bulk of the work on your case. You also need to find out if the other people in the office who will be working on your case, have experience when it comes to a case like yours, you don’t want to be a practice case for these people either, even hough they are not going to be the person trying the case in court.

Are you covered by a legal malpractice insurance policy?

There is no two ways about this. The lawyer you hire, must have malpractice insurance. Malpractice insurance is just as much insurance for you as it is for the lawyer.

Has the lawyer ever been disciplined by the State Bar?

You most definitely do not want to hire any lawyer who has a long disciplinary rap sheet. You have a right to know if the lawyer has been disciplined in the past and why. If the lawyer has been disciplined before and he can explain why he was disciplined and you can verify the disciplinary action with the State Bar, you may be ok.

What are all the potential legal costs I will incur, including your fees ,investigator, expert witnesses, testing and anything else?

The DUI lawyer needs to be honest with you about the potential costs of your case. You need to feel secure that the lawyer is not trying to lure you with unrealistically low fees and costs. Remember, if it sounds too good to be true, it probably is.

What challenges do you see in my case?

The DUI lawyer needs to be able to intelligently explain to you what he or she sees as the challenges in your case and ultimately what those challenges could mean as far as an outcome.

How will you keep me informed about my case?

You absolutely must feel comfortable with the lawyer’s commitment to you when it comes to communication about your case. If you don’t feel that the lawyer is going to keep you informed about the progress in your case and make time to answer your questions as they come up, you probably don’t want that lawyer on your case anyway.

I know that lawyers are busy people, but if he or she can’t take a little time out of their day to answer your questions or call you to inform you about recent developments in your case, then they don’t deserve your business, period!

What can I expect the final outcome of my case to be?

If the lawyer you are meeting with makes you any promises about the specific outcome, don’t hire them. There is no possible way a lawyer could answer this question for you honestly. The only reason I want you to ask it is to weed out a potentially bad lawyer.

Do you own a current copy of the (enter state name) drunk driving laws?

Any DUI lawyer who is good at what they do, will have a copy of the most current drunk driving laws for your state. If the lawyer says yes, ask to see the book. If the lawyer has to leave his office to retrieve the book, then he or she is probably not the lawyer you want. Most DUI lawyers who are serious about practicing DUI law, will have a copy of the state drunk driving laws in their office and probably on their desks at all times.

This list of questions is not all-inclusive, but it will give you a very good starting point for your interviews. Remember, when you are interviewing each of these lawyers, you need to feel comfortable around them. If you feel like they don’t have the time of day for you, chances are nothing is going to chance if you hired them. If you don’t get the impression that the lawyer is sociable and creative, then they are probably not the lawyer you want on your case.