Pick one who wins!
Today, on Monday, 10 March 2025, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2467 CR 0203, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI, DWI, DUI) despite having recorded a breath test of .13*.
The Most Common Mistakes People Make When Choosing a Criminal Defense Attorney
Facing criminal charges is one of the most stressful situations anyone can experience. The attorney you choose can significantly impact the outcome of your case and potentially your entire future. Yet many people make critical errors during this selection process that can lead to inadequate representation and unfavorable results.
-
Choosing a Lawyer Based on Price Alone
Perhaps the most common mistake is selecting an attorney solely based on who offers the lowest fee. While budget constraints are understandable, making this your primary deciding factor can be costly in the long run.
Why it’s a mistake: The least expensive attorney may lack the experience, resources, or dedication your case requires. Complex criminal cases demand considerable time and expertise—elements that typically come with a corresponding price tag.
Better approach: View legal representation as an investment in your future. Look for attorneys who offer transparent fee structures and payment plans rather than simply choosing the lowest bidder.
-
Hiring a General Practice Attorney
Many people don’t realize that criminal law is a highly specialized field with its own procedures, precedents, and strategies.
Why it’s a mistake: A lawyer who handles divorces, real estate transactions, and occasional criminal cases simply won’t have the depth of expertise that comes from focusing exclusively on criminal defense.
Better approach: Seek attorneys who specialize primarily or exclusively in criminal defense, and ideally those who have experience with cases similar to yours.
-
Failing to Research the Attorney’s Reputation and Track Record
In the rush to secure representation, many overlook the importance of investigating an attorney’s professional history and reputation.
Why it’s a mistake: Past performance is often indicative of future results. An attorney with a history of ethical violations, client complaints, or poor case outcomes may not be your best advocate.
Better approach: Check state bar association records, read client testimonials, review case results (when available), and ask for references. See if they have received recognition from legal peers or organizations.
-
Not Having a Detailed Initial Consultation with a Criminal Lawyer
Many clients fail to use the initial consultation effectively, missing the opportunity to thoroughly evaluate whether an attorney is right for their case.
Why it’s a mistake: The consultation isn’t just for the attorney to learn about your case—it’s your chance to interview them and determine if they’re the right fit.
Better approach: Prepare specific questions about their experience, case strategy, communication style, and fee structure. Pay attention to how well they listen and how clearly they explain legal concepts.
-
Choosing a Criminal Attorney Based on Unrealistic Promises
Be wary of attorneys who guarantee specific outcomes or make promises that seem too good to be true.
Why it’s a mistake: No ethical attorney can guarantee results in a criminal case. Those who do may be using dishonest sales tactics to secure your business.
Better approach: Look for attorneys who provide honest assessments of your case, including potential challenges and realistic outcomes based on their experience.
-
Ignoring the Attorney’s Communication Issues
Early warning signs about communication problems are often overlooked in the selection process.
Why it’s a mistake: Effective, responsive communication is crucial throughout your case. An attorney who is difficult to reach during the initial phases will likely be even less accessible as your case progresses.
Better approach: Note how promptly they return your calls or emails, how willing they are to answer questions, and whether they explain things in terms you can understand. Establish clear expectations about communication frequency from the beginning.
-
Not Considering an Attorneys Local Experience
Many clients underestimate the value of an attorney’s familiarity with local courts, prosecutors, and judges.
Why it’s a mistake: Local experience can be invaluable. Attorneys who regularly practice in the jurisdiction where your case is being heard understand the local legal culture, tendencies of specific judges, and negotiation approaches that work with local prosecutors.
Better approach: Prioritize attorneys who have substantial experience in the specific courthouse where your case will be handled.
-
Overlooking the Importance of Trust and Rapport with a Lawyer
Many clients undervalue the personal connection with their attorney.
Why it’s a mistake: You need to be able to trust your attorney completely and feel comfortable sharing sensitive details about your case. A strained attorney-client relationship can hinder effective representation.
Better approach: Pay attention to your instincts during the initial consultation. Do you feel respected and heard? Does the attorney show genuine concern for your situation? These factors matter tremendously during what will likely be a stressful legal process.
9. Not Understanding the Scope of the Criminal Lawyers Representation
Many clients don’t clarify exactly what services are covered in the fee agreement.
Why it’s a mistake: Misunderstandings about what’s included can lead to unexpected costs or limited representation.
Better approach: Get a clear, written agreement that specifies exactly what services are covered, how additional services will be billed, and what happens if your case requires an appeal or post-conviction work.
Conclusion
Choosing the right criminal defense attorney is one of the most important decisions you’ll make when facing charges. By avoiding these common mistakes, you significantly increase your chances of finding effective representation that protects your rights and works toward the best possible outcome for your situation.
Remember that the attorney you select will be your voice in the legal system during an extremely vulnerable time. Take the time to make this decision carefully, considering all the factors that contribute to effective representation.
I have been providing criminal defense services in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy, I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys and I have won over Ninety Percent (90%) of my trials.*
Call a Top 10 Massachusetts Criminal Lawyer Now at: (508) 393-4162.
This blog is not intended to be legal advice, if you have been charged with a crime in Massachusetts you should call an experienced and successful Criminal Defense Attorney immediately.