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Warning Signs of a Bad DUI Attorney in New Jersey

March 21, 2024 Uncategorized

 

Finding the Right DUI Attorney in New Jersey: Warning Signs to Avoid

1. Poor Communication

One of the most important aspects of the attorney-client relationship is clear, consistent communication. Your DUI lawyer should be easy to reach via phone, email, or text to discuss developments in your case, strategize next steps, and seek your input.

If your calls and messages frequently go unreturned or you feel out of the loop regarding your own legal matters, this indicates poor communication. Without open lines of dialogue, your case could suffer because you and your attorney may not be aligned in your approach.

2. Cookie-Cutter Defense Strategy

While there are standard protocols in DUI defense, each case has unique details that call for a customized legal strategy. An effective DUI lawyer will take the time to thoroughly examine the specifics of your arrest and build a defense to highlight procedural flaws or inconsistencies.

If your attorney seems to be taking a cookie-cutter approach by assuming the basic details of a typical DUI case rather than digging into your particular circumstances, this is a red flag. Though boilerplate strategies work occasionally, you need an attorney who will tailor their defense to your situation.

3. Lack of Trial Experience

Very few DUI cases actually go to trial, with most resolving through plea bargains or diversion programs. However, if your case does end up in court, you need a lawyer with extensive trial experience to mount an aggressive defense focused on reasonable doubt.

Ask any potential attorney how many DUI trials they have handled in their career. If they don’t have at least 10-20 under their belt, you may want to keep looking. Without sufficient trial experience, you risk getting stuck with an attorney who doesn’t have the confidence or skills to argue effectively before a judge.

4. Vague Answers About Defense Strategy

A reputable DUI attorney should be able to clearly explain their proposed approach in defending you against the charges after reviewing your case details. If a lawyer hems and haws when you ask direct questions about strategy, they likely don’t have a solid game plan in mind.

Press any potential attorney to share their ideas for attacking the prosecution’s claims against you. Their ability to readily articulate a defense strategy tailored to your unique situation is a good indicator of their qualifications.

5. Lack of Support Staff

Beyond the lead attorney, a law firm’s support staff including paralegals, legal assistants, and investigators play a crucial role in the success of your defense. These professionals can help with critical tasks like gathering police reports and evidence, contacting expert witnesses, negotiating with the prosecutor’s office, and more.

If your lawyer works alone without any support staff, they simply won’t have the bandwidth to give your complex DUI case the attention it deserves. Seek out a firm with ample backup personnel.

6. No Specialized DUI Focus

The intricacies of DUI law and defense are vastly different from other legal practice areas. Between sobriety testing methods, chemical and blood test analysis, auto mechanics, and more, DUI cases involve many scientific and technical elements. Attorneys need specialized knowledge and experience to handle these complexities effectively.

While an attorney may be highly skilled in areas like personal injury or family law, a lack of specific DUI focus should give you pause. Look for legal representation with deep expertise built through extensive experience exclusively practicing drunk driving defense.

7. Limited Accessibility

In the aftermath of a DUI arrest, prompt legal help can be critical for protecting your rights in hearings and administrative license suspension proceedings. You need an attorney who offers emergency assistance 24/7 in the event you are detained or questioned without notice. Similarly, your lawyer should be available for jail visits on short notice if you end up incarcerated pre-trial.

If a lawyer has limited office hours, doesn’t accept calls or appointments on nights and weekends, or charges extra fees for after-hours assistance, keep looking. The right DUI attorney for you will provide around-the-clock support.

Choosing the Best Attorney for Your Needs

Sorting through all the options to find the right DUI lawyer can feel like an impossible task, especially under the weight of serious pending charges. By watching out for these warning signs of bad legal representation, however, you can avoid pitfalls and give yourself the best chance at a positive case outcome. Don’t leave your future to chance—let an experienced New Jersey DUI attorney fight on your behalf.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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