Hire the right defence lawyer the first time

Choosing wisely means hiring your defence lawyer as if that defence lawyer is your last defence lawyer.  In other words, hire the right defence lawyer the first time. 

Over the last 20 years or so, this Calgary criminal lawyer has observed many accused persons change lawyers midstream -- some even multiple times.  While not every solicitor-client relationship will last, if you are accused of a crime or have been issued a roadside sanction, the objective when hiring your defence lawyer should be a relationship that runs from the beginning of the case until its conclusion.

Changing lawyers can be financially draining; for every new lawyer will very likely require a new retainer, while the previous lawyer will most likely have cost you thousand of dollars. In short, it is not unusual for a change of counsel to exponentially increase legal fees. Also, depending on the nature of the case and the time of the change of counsel, some judges may take a dim view of jumping from lawyer to lawyer. Delays caused by changing counsel can also adversely impact s. 11(b) Charter protected interests (trial within a reasonable time). To that end, delaying the case by changing counsel could result in that time being levelled against you.

Many accused will prioritize legal fees without contemplating whether their first counsel of choice is fully capable of properly defending the charge.  Doubtless, legal fees are an important consideration, but keep in mind that an accused who chooses wrong the first time may spend more money over time.

Hiring your defence lawyer is not merely an exerise of evaluating whether that lawyer is a capable, knowledgeable and skilled; it is about making best efforts to assess whether that lawyer's personality and practice style is one that aligns with your expectations.  Remember, every lawyer is a human being, and not all human beings are the same. By way of example, some lawyers are more gentle than others; some are naturally abrasive, dismissive or blunt.

Practice style and management is also an important consideration. To that end, some lawyers are so extremely busy -- for better or worse -- and as such, even if they are capable of handling your case, they might not have the time to communicate with you in a manner that you expect.  While most criminal defence lawyers in Alberta will be intolerant to client's who abuse time, there is a fine line between abusing a lawyer's time and receiving updates and other communications in a timely manner as the case progresses. Many clients will lose confidence in their lawyer if that lawyer is so busy that the client thinks the lawyer cannot possibly have the time to effectively defend their case. The phrase "dump trucking" is often used by accused person's (and other lawyers) in relation to counsel whose practice is so voluminous that there is no reasonable way that lawyer could manage every client without sacrificing the interests of other clients.

One of the most common complaints about defence lawyers that this Calgary criminal lawyer has encounter concerns situations where the lawyer has communicated a plea bargain without effectively communicating with the client about the case.

Having said all of this, to be sure, there are a few Calgary criminal lawyers who are more than capable of properly defending clients notwithstanding their volume-based criminal defence practice. 

At the end of day, when you are hiring your criminal defence lawyer, there are many considerations. Cost, skill, knowledge, personality and practice style are just a few examples of things that you should assess before emptying your bank account.

Keep in mind, almost every lawyer is keenly interested in business. Making money for most counsel is a priority. Therefore, many lawyers have learned to sell themselves at first instance. Don't be bedazzled by a sales job. Listen carefully to the lawyer you are considering and remember, that lawyer is an investment. 

I also suggest that you be very cautious with any lawyer who appears overly flippant about your charge or any defence lawyer who makes guarantees without fully evaluating the case. It's easy for a lawyer to tell you what you what you want to hear to convince to pay them what they want you to pay. 

All of this advice applies equally to me.

Choose wisely.