How to hire the right Arizona DUI Attorney...
and avoid the wrong ones.
You've been arrested for DUI in Arizona. The next decision you make, which lawyer to hire to defend you, will have the biggest impact on your case and your future. Hiring a DUI lawyer can be the best thing you ever did, but if you choose the wrong one, you may end up much worse off. The most important thing is to educate yourself, trust your instincts and pay attention to the details of what the attorney says.
Key Tip: Ask Arizona Judges, police officers, DUI prosecutors and court clerks which DUI Attorneys they see regularly fighting and winning cases and making a difference for their clients.
Not all lawyers are equal.
Some will try to con you. If you are not aware, in your vulnerable state, you may fall for a less than ethical sales pitch.
Some DUI lawyers have reputations for always pleading their clients out. This type of lawyer is a non-threat to prosecutors. Beware of the following sales pitch from this type of lawyer:
SCENARIO: This is your first DUI in Phoenix Municipal Court. You blew a 0.099 on the Intoxilyzer 5000. You are charged with DUI with a BAC of 0.080 or higher, and DUI while impaired to the slightest degree.
SALES PITCH FROM LAWYER WHO WILL TAKE YOUR MONEY AND SELL YOU OUT: "I can get you a deal. I will get the prosecutor to drop one of the DUI charges in exchange for you pleading guilty to the other. You will only have to do one day in Sheriff Joe's 'Tent City'."
ANALYSIS: Tell that lawyer thanks for nothing. The reality is, this hypothetical client would likely be offered that exact deal with or without a lawyer. Such a "deal" (which by the way is no deal at all) requires NO work whatsoever on the attorney's part, other than showing up to court. Depending on how the case plays out, this may be the best deal the prosecutor will offer without going to trial (keep in mind that it is against the law for prosecutors to plea bargain DUIs without a good reason)... however, an attorney who tries to sell you this "deal" at the initial meeting is one to look out for.
Prosecutors often give deals because they are afraid of losing (although some prosecutors, due to policy restraints, will never give deals in Arizona DUI cases). An attorney who will never take them to trial and make them prove their case is not a threat. If the lawyer is more interested in your money than in winning, best to let somebody else be his/her sucker
Beware of deceptive DUI lawyer advertising
There are many marketing traps for the unwary.
Beware of bogus referral websites. There are lawyer referral sites all over the internet set up to create the impression that just because a DUI lawyer (or any other type of lawyer) affiliates with them, they must be good or the best. Beware, many of these companies contact every lawyer they can, and whoever pays them gets the site or the link. If a website claims to be an "association" or other fancy sounding title, ask yourself who accredits that website or firm as an association. If the answer isn't readily apparent from the website, you may be on to something. When in doubt, contact the State Bar and ask if they sanction or recognize the association claimed in the website.
Beware of the blind submission site, where the website boasts that they have a network of DUI lawyers in place, or even have offices in every state. This is the type of site where you fill out a blind form and it is mailed to a number of lawyers in your area dying to take your case. They can then bid for the privilege of representing you. A couple of problems. First, do you really want a lawyer who will engage in a bargaining war for the privilege of handling your DWI? If so, do you realize that in addition to cutting their rates to "compete" for your business, these lawyers probably also give a cut or kickback to the referral service. I challenge any lawyer reading this to bring to my attention a single solitary DUI defense law firm that actually has an associate (employee) or an equity partner in every state (and I'm not talking about a BS "of counsel" relationship with hundreds of lawyers to puff up the letterhead).
Beware of the bait and switch. Yes, it applies to some law firms too! It goes like this. You meet with the named attorney (the one whose name appears in the yellow pages or on the door). That attorney spends some time selling you the services of his firm, hinting that he will be intricately involved in your case. He or she has other highly skilled lawyers working for him or her, and it will be a "team" effort. Ask that lead attorney how many times will he/she will promise in writing to go to court with you. If your answer is something like "we can't promise that," count on never seeing that attorney ever again after you give him/her your money.
Beware of those who claim to be a "DUI Specialist": If you seen in any advertising, including pay per click listings on Yahoo and Google, that the lawyer has control over or is directly responsible for any claim that the lawyer or firm is a "DUI Specialist" do not conisder hiring this lawyer. Why? Because the lawyer is either incompetent, unethical, or both. You see, the rules of ethics governening lawyers and the practice of law in Arizona prohibit lawyers as holding themselves out as "specialists" unless they are recognized by the Arizona State Bar as such. The Arizona Bar recognizes "Criminal Law Specialists" but has no category for "DUI Specialist." Therefore, anybody who advertises being a DUI specialist is sending you a clear message, and that message is "I am willing to decieve you." In order to become a Criminal Law Specialist in Arizona, you have to regularly handle charges more serious than DUI, so don't be discouraged if the lawyer you are speaking with is not a Criminal Law Specialist, but be very concerned if they call themselves a "DUI Specialist." One caveat: There are many listings on the internet that are not controlled by the lawyer, and may characterize the lawyer as a "DUI Specialist," or "Specializes in DUI." These may exist despite the lawyer's best efforts to have them removed, and should not be held against the lawyer. When in doubt about a lawyer's advertising claims, ask the lawyer point blank "are you a DUI Specialist." If they say "yes" without explaining that the AZ Bar doesn't recognize that as a subspeciality, then run.
Avoid lawyers who have a firm website with a ".org" suffix: It surprises me to see some lawyers in Arizona with .org websites. It is the opinion of the Arizona State Bar that the use of .org domain names is unethical, and could subject a lawyer to professional discipline. Be very leary about employing a lawyer who is either unaware of the ethics opinion regarding .org domain names, or who blatantly disregards it.
Beware of the overextended lawyer
Lawyers don't get overextended by being too good. You need somebody who has the time and energy to focus on your case.
If an attorney has too many DUI cases without the firm resources to back them up, they will not be able to do a good job on all of their cases.
How do lawyers get overextended?
It's not from being too good. The good ones get plenty of referrals, and simply raise their rates rather than taking more clients.
Be careful of paying lawyers for their saturation marketing rather than their skill, expertise, and attention.
Be careful of the lawyer who lacks the support staff to adequately handle your case.
Never hire an attorney without meeting him/her first, or talking with him/her on the phone. If you have to pay money in order to meet the attorney, then you should realize that that attorney is either 1) too busy to see you (not a good sign for getting personal attention later on); or 2) knows that if you were to meet him first, chances are you would never hire him later.
Avoid lawyers who always plead their clients.
You don't necessarily need an attorney to plead guilty as charged.
Some prosecutors really like certain lawyers, because those lawyers simply deliver their clients to the State, wrapped with a pretty little bow on their guilty plea. Having this kind of defense attorney actually makes the prosecutor's case easier for them. It eliminates that chance the plea will get overturned on appeal, and it relieves them from having to explain your rights to you.
But there is a difference between like and respect. Prosecutors respect, and therefore give reasonable deals when possible, to lawyers whose skills and tenacity they respect. Incidentally, most prosecutors will admit that those attorneys who have beaten them at trial, and/or those attorneys who have at least put of a good fight on behalf of their clients are both liked and respected by the prosecutors.
Why would I need at Attorney to plead? Exactly... Keep in mind that you don't necessarily need an attorney to plead guilty as charged. Some so-called DUI defense lawyers plead 100% of their DUI clients out, without so much as a reduction to a lesser charge or a break in sentencing.
THE LA CONGA LINE: A Spoof
PICTURE THIS... a jubilant lawyer, slicked out in an expensive suit strolls into court with 7 private clients on the docket. The first client puts her hands on the lawyer's hips from behind. The next client lines up behind the first client, and puts his hands on her hips. This continues until all 7 clients are in line behind the lawyer. The lawyer then dances towards the judge and prosecutor to the beat of an Afro-Cuban rhythm. Just like the Conga dance, the clients in turn march towards the judge... "da da ta ta ta ta... GUILTY" "da da ta ta ta ta GUILTY."
ASK ANY POTENTIAL LAWYER WHAT PERCENTAGE OF HIS CASES PLEAD GUILTY TO NON-REDUCED DUI CHARGES.
Don't hire lawyers who lack recent experience
A lawyer may have handled hundreds of cases in his career, but if he has not recently been to trial in a DUI case, you might want to think twice.
The law changes constantly. Although a lawyer may have handled thousands of cases years ago, it is their most recent experience that assures that they are in tune with the law, the courts and the prosecutors. Beware of the lawyer you have to dust off.
Ask the potential lawyer about the most recent changes in DUI law to see if they are current with the courts and the legislature. If they are not, find somebody who is.
Does the lawyer have the energy to keep up with the fast paced DUI litigation mandated by court rule in Maricopa County and throughout Arizona? This question, while in the past irrelevant, is becoming increasingly important in Arizona DUI cases. A new court rule says that all DUI cases must either conclude by a plea bargain or go to trial within 6 months from their start date. This didn't use to be the case. Your attorney must now have the energy and resources to litigate your case in a compressed time-frame.
What kind of fee ranges and structures can I expect?
If you want to hire a good Arizona DUI defense attorney, expect it to be expensive. There are several types of fee arrangements that Arizona DUI lawyers may present.
RULE ONE: DUI attorneys in private practice are not in the business of charity, and some who do donate time or work pro bono once in a while will probably not agree to do so in your case. If you are looking for charity for your DUI case, keep in mind that you have the right to a public defender or assigned counsel if you can't afford a private attorney.
RULE TWO: Good DUI lawyers do not come cheap. Because they are good, they have enough business that they don't need to bargain for yours.
RULE THREE: Don't try to trick a DUI lawyer into representing you at a discount rate, and don't stiff your lawyer. You don't want to be your lawyer's sucker, but you certainly don't want a lawyer who will be you sucker.
FEE STRUCTURES
Arizona DUI attorneys charge a wide range of fees, in a variety of structures. Because there is such a large range, it may be helpful to interview several DUI lawyers with various fee ranges to discern their differences.
The rules of ethics governing lawyer conduct in Arizona prohibit lawyers from representing clients on a contingent fee basis in DUI cases. (See Arizona Ethics Rule 1.5). Therefore, no competent Arizona DUI lawyer will enter into an agreement where the client pays only if the lawyer wins. Other than that limitation, you will find a wide range of fees structures and billing practices among DUI defense attorneys.
The most common fee structure is the flat fee. Under this arrangement, the client pays a predetermined amount up-front. This covers the entire matter, no matter how much work it requires, and no matter if it goes to trial or is settled without litigation.
A variation of this structure splits the flat fee into several phases. For instances, an attorney may charge a flat fee for everything up until a jury trial, and then charge an additional fee if the case proceeds to a trial.
For a first time misdemeanor Arizona DUI charge, expect fees from $5,000.00 to $15,000.00. For felony DUIs, expect fees from $12,000.00 to upwards of $40,000.00.
Other Arizona DUI lawyers will charge an hourly rate, say $300.00 per hour. They will ask for an initial retainer up front, and then bill against that retainer as the work is done. When the original retainer is exhausted, they then ask the client to replenish it with new money.
Some attorneys are willing to accept payment plans or adjust their fees to accommodate a client's financial need. Others ask for the entire fee up front or in a couple large payments. There are no rules governing this area, and the lawyer is free to offer whatever payment structure he/she deems best.
Keep in mind that if price is your only criteria in seeking an Arizona DUI attorney to help you with your case, you will probably get what you pay for. There are certain things in life where it makes sense to save money and go with the lowest bid. This is not one of those things.
Ask the lawyer about his/her law firm turn over rate.
If you are considering a law firm that employs associate attorneys to represent you in your Arizona DUI case, one important question to ask in your initial interview is how often associates are fired or quit.
If you are considering a law firm that employs associate attorneys to represent you in your Arizona DUI case, one important question to ask in your initial interview is how often associates are fired or quit. A high turnover rate among associate attorneys is a very bad thing for your case. Why? Because you will likelylikly be assigned to an associate. If that associate quits or is fired, then you will face a choice of either being assigned to a new associate (who may know nothing of you or your case) or paying to go with the departing associate or another law firm.
A high turn over rate among associate lawyers also indicates that there may be a lack of morale in a law firm, or that the firm is more about money than you. The only stupid question when interviewing lawyers to defend you against a DUI charge is the question you don't ask. If you feel too intimidated to ask the question, muster up all of your courage, leave and interview other attorneys until you find somebody you can feel comfortable asking any question that comes to mind.
Being a former prosecutor has two sides.
If you hire a "former prosecutor," make sure that he or she is dedicated to defending people in your situation and no longer has the prosecutorial mindset.
Having prosecutorial experience can certainly be a benefit, but it can also be a severe drawback in the wrong person. Some prosecuting agencies in Arizona require that their attorneys put in at least two years before changing to the defense. Therefore, you may easily get somebody who is wholeheartedly defense oriented who did the minimum amount of time as a prosecutor to get their foot in the door, learn criminal and DUI law, and get trial experience.
The majority of former prosecutors I have known who now work as defense attorneys and who are really committed to protecting their clients rights, lives and property spent the minimum amount of time possible as a prosecutor. Some even found their duties as a prosecutor reprehensible.
If you are considering hiring an attorney who is fresh out of the prosecutor's office after numerous years of prosecuting people and trying to put them in jail, perhaps you should consider what their motivations are. Use your common sense when hiring a former proseuctor.
Being a former Judge may or may not be benefit.
Remember, if somebody was a Judge, then they regularly participated in sentencing people in exactly your position. Many practicing attorneys have served as a pro tem (substitute judge) and claim this as a credential.
Being a Judge is certainly nothing to sneeze at. However, there are several sitting Judges (called Justices of the Peace) who are elected and who are not lawyers. It comes down to the individual. If the individual's main selling point is that he or she was a judge, then the natural question is what kind of defense lawyer are they?
Judges make difficult decisions every day, but they are their decisions to make. Lawyers have a somewhat more difficult job in many ways. The lawyers don't get to make the decisions, but how they present their cases, and how they decide to characterize certain issues has a definite impact on how judges rule.
If you don't get to meet the lawyer on your first visit... RUN.
For anybody that has an ounce of common sense or self preservation this goes without saying. However, certain media sources can be dazzling, and certain law firms don't even allow you to meet with an attorney prior to hiring that attorney. If you aren't important enough to meet with prior to giving a law firm your money, think of how they will treat you after they have your money. Some law firms actually have more cases on some courts dockets than the public defenders in that court. If you want to be a thin file among a dozen others in a lawyer's briefcase during your day in court, then ignore this piece of common sense.
Results Pages on Websites
It has become fashionable to list results on lawyer websites. However, many of the lists that we have seen appear to be deceptive...
Many of the results listed on various attorney's websites list dismissal after dismissal of a non-descript Arizona DUI charge. Ask questions about these results before buying them wholesale.
It takes no special skill or talent or work from an attorney to get a count of DUI dismissed. Arizona misdemeanor DUI prosecutors will almost always dismiss one count of DUI if the Defendant pleads guilty to another count. A conviction for one or two counts of DUI is, for all intents and purposes, just as bad a result as a conviction for only one count (unless the dismissed count is extreme DUI). Take these boasts with a grain of salt.
When looking at a law firm's results page, focus only on the cases that have actually been litigated, and the plea bargains that are extraordinary that have a story behind them.
Also make sure that the results listed were achieved by DUI attorney who still work at that firm. If the firm lists the initials or the name of the attorney who achieved the results, compare those results to the list of attorneys currently employed at that firm.
Beware of Pressure Sales
If any lawyer or sales person (yes, rumor has it that there are law firms who advertise heavily and employ non-attorney salespeople to meet with you in the initial meeting) pressures you to sign up, run. If you've ever bought a car and encountered the "sales manager" who comes in and tries to close the deal, or if you've every been to vacation time share "seminar," and your meeting at a law firm to discuss your DUI case starts to feel like that, run.
USE YOUR COMMON SENSE
Above all, TRUST YOURSELF. If something smells fishy, it probably is. You are in a vulnerable position. Trust your gut instincts and don't let yourself be bullied. An attorney who has your best interest at heart will never pressure you, and will never use scare tactics. The more you educate yourself on the subject matter, the better able you will be to make the best decisions in your case.