Red Flags to Watch Out For When Hiring a Criminal Defense Lawyer in NYC

Red Flags to Watch Out For When Hiring a Criminal Defense Lawyer in NYC

Getting arrested is scary. Even if you’re innocent, facing criminal charges is overwhelming. You need an experienced criminal defense lawyer on your side. But not all lawyers are created equal. Some will take your money and run, leaving you high and dry. Others don’t have the skills or experience to properly defend you.

So how do you find the right criminal defense lawyer? Here are some red flags to watch out for when hiring legal representation in New York City.

They Guarantee Results

A lawyer who guarantees they can get your charges dismissed or reduced is lying. Nothing is guaranteed, especially when it comes to criminal law. An ethical attorney will be upfront about possible outcomes without making promises they can’t keep. As the American Bar Association’s Model Rules of Professional Conduct states, “A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.” So beware if a lawyer guarantees a specific result.

Lack of Communication

Your lawyer should keep you informed about your case. If they take days to return calls or emails, that’s a red flag. You need an attorney who is responsive and makes you a priority. Poor communication could mean they are disorganized, overwhelmed, or just don’t care. Look for a lawyer who gets back to you promptly and keeps you in the loop.

No Office or Staff

Most reputable criminal defense attorneys have a physical office, support staff, and the resources to properly work cases. If a lawyer practices completely virtually or works alone, be cautious. Handling criminal matters requires teamwork, organization, and access to information. A lawyer without infrastructure raises concerns about their capabilities.

Limited Experience

Criminal law is complex, with many nuances. An inexperienced lawyer isn’t equipped to handle serious charges. Ask about their background. Do they specialize in criminal defense? How many years have they practiced this area of law? What types of cases have they worked? Extensive experience with criminal matters in New York is essential. Don’t let an underqualified attorney jeopardize your future.

Won’t Go to Trial

While most criminal cases resolve through plea deals, your lawyer should be ready to take your case trial if needed. If an attorney says they never go to trial or refuses to file pretrial motions, walk away. This signals they don’t have the skills or confidence for trial litigation. You need someone who will fully defend your rights and challenge the prosecution’s claims if your case goes to trial.

Hard Sell Tactics

Desperate attorneys may aggressively push to sign you as a client. They may make bold claims about their abilities or offer discounts. This type of hard sell behavior is unprofessional. A lawyer’s competence and experience should speak for itself. Quality criminal defense attorneys don’t need gimmicks or manipulation to secure business.

Request Retainers Upfront

It’s reasonable for a lawyer to require an initial retainer fee to begin work on your case. But they shouldn’t expect the full fee upfront. Reputable attorneys have payment plans and bill as work is completed. Needing the entire fee immediately could signal financial issues or intent to take your money and run.

Bad Reviews

Online reviews offer insight into a lawyer’s reputation. While every attorney has a disgruntled client here and there, multiple negative reviews indicate problems. Look for consistent complaints about lack of communication, incompetence, unethical behavior or billing issues. This feedback provides warning signs to avoid hiring a particular lawyer.

Not Upfront About Fees

The cost of legal representation is important. But some lawyers dodge questions about their fees or rates. They may say “Don’t worry about the money” or “We’ll figure it out later.” That’s a red flag. Competent attorneys are transparent about pricing and put fee agreements in writing upfront. Never hire a lawyer who won’t provide clear information and estimates about fees.

Hard Sell Tactics

Desperate attorneys may aggressively push to sign you as a client. They may make bold claims about their abilities or offer discounts. This type of hard sell behavior is unprofessional. A lawyer’s competence and experience should speak for itself. Quality criminal defense attorneys don’t need gimmicks or manipulation to secure business.

Disciplinary History

Lawyers who’ve been disciplined by the bar raise concerns. Check their background using the New York Courts Attorney Search. See if they’ve been suspended or disbarred. Complaints and sanctions indicate questionable ethics and potential problems. You want a lawyer in good standing with a clean disciplinary record.

Too Busy

Some lawyers take on too many clients and spread themselves thin. Ask how many active cases they’re handling. A very high caseload increases the risk your case won’t get proper attention. Look for a lawyer selectively accepting new clients. Their focus should be on your defense, not juggling dozens of other cases.

DUI Mills

Law firms that churn out DUI/DWI cases like a mill should raise concerns. Their priority is processing clients quickly through the system. This “volume business” approach often shortchanges clients. Seek a lawyer who will treat your DUI with care and nuance rather than as just another routine case.

Won’t Put Agreements in Writing

Insist that all agreements with your lawyer be in writing, signed by both parties. If they hem and haw about putting things in writing, walk away. Verbal promises often evaporate. Protect yourself with written fee agreements, scope of representation, payment schedules and other terms.

Doesn’t Ask Questions

Your first meeting with a lawyer should involve lots of questions about your case. If they seem disinterested or don’t inquire about details, beware. You need an attorney who will actively listen and seek information to build the best defense. A lawyer who doesn’t ask questions likely won’t fully investigate your case.

Lack of Empathy

Facing criminal charges is frightening and stressful. Look for a lawyer who shows compassion and reasurrance. If an attorney seems cold, abrupt or judgmental about your case, they may not be a good fit. The most effective criminal defense lawyers blend strong skills with empathy and understanding.

Pushes Quick Plea Deal

An ethical lawyer won’t rush you into a plea deal without exploring options. Some attorneys push quick pleas to move cases fast for their own benefit. Make sure yours fully explains your rights, defense strategies and potential consequences before urging you to take a deal. Don’t let a lawyer strong-arm you into pleading guilty right away.

Won’t Discuss Payment Plans

Quality lawyers understand financial realities of clients. If an attorney refuses to discuss payment plans or options, look elsewhere. You need someone willing to work with your budget. Never feel ashamed to talk money with a lawyer. The right one will make paying for their services feasible.

Inexperienced Support Staff

Ask about the qualifications of a lawyer’s support team. Who will be working on your case? Their paralegals, investigators, legal assistants and other staff should have experience with criminal matters. If a lawyer has inexperienced staff handling important aspects of your case, they may not get the skills your defense requires.

Doesn’t Accept Payment Methods

A lawyer who only accepts cash raises suspicions. Most law firms accept major credit cards, checks and wire payments. Refusing common payment methods indicates a lawyer may want to avoid creating records of payments. This shady practice should make you keep looking.

Won’t Provide References

Reputable lawyers will offer client references upon request. If an attorney refuses to provide references, it could signal dissatisfied past clients. However, check that giving references won’t compromise attorney-client privilege. The willingness to share references generally reflects a lawyer’s confidence in their work.

Solicits Business at the Jail

Some lawyers will solicit clients at jails, hoping to catch people at their most vulnerable. This is unethical. The New York Rules of Professional Conduct prohibit lawyers from soliciting potential clients who are in physical or mental distress. Wait for a lawyer to contact you ethically once you’re out of custody.

Bad Vibes

Lastly, trust your gut. If a lawyer’s personality or style doesn’t mesh with yours, keep looking. You want an attorney you feel comfortable with and can trust completely. Don’t ignore red flags or warning signs. Protect yourself by hiring an ethical, experienced criminal defense lawyer you connect with.

Finding the right lawyer is critical when facing criminal charges in New York City. Avoid attorneys exhibiting red flags like overpromising results, poor communication or hard sell tactics. Vet lawyers thoroughly and don’t retain one displaying warning signs. With an experienced, trustworthy attorney on your side, you can feel confident facing the criminal justice system.

References

Model Rules of Professional Conduct, Rule 7.1 [Accessed 22 October 2023].

New York Rules of Professional Conduct [Accessed 22 October 2023].

New York Courts Attorney Search [Accessed 22 October 2023].