Last Updated on: 21st October 2023, 09:03 am

The Most Common Questions to Ask When Hiring a Federal Defense Lawyer

Finding yourself in need of a federal defense lawyer can be an incredibly stressful and confusing time. You likely have a lot of questions about the legal process, your rights, and what to expect. Choosing the right lawyer to represent you is crucial. When interviewing potential attorneys, there are some key questions you’ll want to ask to ensure you find the best legal counsel for your specific situation.

Do you specialize in federal cases?

Federal law is complex, so you’ll want to find an attorney well-versed in this area. Don’t assume all criminal defense lawyers have extensive federal court experience. Ask specifically about their background handling federal cases like yours. An attorney who regularly represents federal clients will understand the unique challenges and how to build the strongest defense under federal law.

What is your experience with my type of case?

Beyond just federal experience, find out about their specific background with your type of charges. For example, if you’re facing federal fraud accusations, you’ll want a lawyer experienced in fraud defenses. Or if you’re charged with a federal drug crime, someone with extensive drug case knowledge will have deeper insights into potential strategies. Look for a lawyer who has represented many clients facing similar federal allegations as you.

What will your legal fees be?

Federal cases can become drawn-out, complex affairs involving substantial work. You need to understand exactly how the attorney charges their fees upfront so you can budget appropriately. There are generally three billing methods criminal lawyers use:

• Hourly Rate: You pay an agreed upon hourly fee for the attorney’s time.
• Flat Fee: The lawyer charges a fixed overall fee for the entire case.
• Contingency: The attorney only collects if money is awarded, usually in civil suits.

Be sure to ask if there are any additional costs beyond their legal fees, like hiring experts or investigators. Get fee estimates in writing.

What experience do you have in the federal court system where my case is being tried?

Each federal district has its own unique procedures, trends, and even unwritten rules. An attorney experienced in your specific court will know the judges and prosecutors and have insight into how best to present your defense. For instance, if your case is in the Southern District of New York, a lawyer from the Northern District of California won’t have the same depth of expertise.

Have you taken federal cases like mine to trial before?

Most federal cases end in plea bargains, but you need to know your attorney is willing and able to take your case to trial if needed. Ask how many federal trials they’ve handled in their career, their win/loss rate, and details about past trial strategies. If they don’t have much courtroom experience, you may want to look elsewhere.

Will you be the lead attorney on my case?

At larger law firms, junior associates often handle much of the day-to-day casework. You want to be sure the lawyer you meet with will directly oversee building your defense. Confirm you’ll work with them specifically and that they will be by your side each step and at trial if it comes to that.

How often will you communicate with me?

Open communication with your lawyer is key. You need to discuss how often they will update you on case progress, return calls/emails, and answer your questions. Insist on regular contact so you always understand where your case stands.

Will you explore pretrial diversion or intervention programs?

Pretrial diversion programs allow defendants to complete requirements like community service, restitution, or rehab instead of going to trial. Fulfilling the terms causes charges to be dismissed. Smart federal lawyers explore these options first. Ask if they will thoroughly evaluate you for any diversion programs that could help you avoid conviction.

How do you plan to fight the charges against me?

Every case is unique, so there’s no one-size-fits-all legal strategy. Still, the lawyer should explain their planned approach and initial thoughts on building your defense. Listen for thoroughness and creativity tailored to the specifics of your case. Their strategy should aim to exploit any weaknesses or inconsistencies in the prosecutor’s case against you.

What are the risks if I go to trial versus take a plea deal?

Your attorney should clearly outline the pros and cons of pleading guilty versus taking your case to trial. They will discuss likelihoods of conviction, potential penalties, and impacts to your finances, career, immigration status, and more. Understanding these ramifications fully allows you to make the most informed choice.

Will you help minimize public exposure of my case?

Having your legal troubles become public knowledge can be reputation-damaging. Inquire about their ability to keep sensitive details private as much as the law allows. This may involve filing motions to seal documents, pursuing protective orders, or negotiating confidentiality with prosecutors.

Do you have experience handling federal appeals?

Federal convictions often lead to appeals based on procedural errors, insufficient evidence, and other issues. Even if your case may not go to trial, ask if the lawyer has experience handling federal appeals in case you need to pursue that option later.

Can you provide references from past federal clients?

Speaking with a lawyer’s prior federal clients can provide unique insights you won’t get anywhere else. Ask for several references to contact about their experiences. Past clients can tell you how well the attorney communicated, if they were satisfied with the representation, and whether they’d recommend them to others facing federal charges.

Who else will be working on my case?

Find out if paralegals, investigators, legal assistants, or junior attorneys will be involved behind the scenes. You need to understand the full team that will be part of your defense, their experience, and what each person’s role will be.

What made you become a federal defense lawyer?

This question provides interesting insight into what motivates them. Perhaps they had family or friends impacted by the justice system. Maybe they witnessed injustices or civil rights violations they want to help correct. Their answer can help you gauge their passion for protecting the accused.

What sets you apart from other federal defense attorneys?

Every lawyer will play up their skills and credentials when trying to earn your business. What you really want to listen for are intangibles like work ethic, determination, and genuine concern for clients. Pay attention to subtle cues about who they are as a person, not just a lawyer.

Following your gut instinct when choosing legal counsel for federal charges as serious as yours is crucial. Asking the right questions during initial consultations will provide you with the information needed to make the smartest decision possible. Take time to carefully weigh each attorney’s responses as you seek the best legal advocate to fight for you.