It’s certainly hard to know whether your lawyer is defending you well, when you’re not familiar with legal proceedings (which we hope you are, at least in criminal matters). However, there are several things to consider when trying to assess your lawyer’s performance and how to find a good criminal lawyer:
- Communication: A good lawyer communicates with you clearly and regularly. He is obliged to keep you informed of developments in your business and to answer any questions you may have. At each stage of the process, he or she must also explain the various legal and strategic options available to you.
- Expertise: It’s important to ensure that your lawyer has the necessary expertise and experience in the area of law that concerns your dispute. In Switzerland, the highest degree of expertise for a lawyer is conferred by the Swiss Bar Association in the form of the FSA Specialist title, which also exists in criminal law. It is therefore important to check your lawyer’s training, background and references to ensure that he or she is qualified in the field that concerns you.
- Strategy: A good lawyer must be able to develop one or more strategies for your case. He must be able to explain the different strategies he has developed for your business. To do so, he or she must take into account the applicable laws, the specifics of your situation and the goal you wish to achieve. In particular, he will have to present you with all the advantages and disadvantages of one or other of the proposed strategies, so that you can make an informed choice about the one that suits you best.
- Agility: A good lawyer doesn’t always have to be aggressive. Depending on your adversary, the nature of the case or the magistrate in charge, the intelligent lawyer will adopt the right attitude to achieve your objectives. It can be firm or virulent, but can also be conciliatory or even passive, in order to exploit your opponent’s excesses. Knowing how to adapt to your audience is therefore an essential quality for a lawyer.
- Teamwork: Your lawyer must work with you, not just for you, nor alone. He or she should take your concerns and goals into account, and make sure you always understand the implications of every decision and are prepared to accept the consequences.
- Respecting deadlines: A diligent lawyer must respect deadlines. This applies both to written submissions and to responses to submissions from opposing parties or the public prosecutor’s office. However, certain deadlines may be extended. It is therefore advisable to give your lawyer time to prepare your documents correctly, even if this means requesting an extension of the deadline.
- Cost management: A serious lawyer must be transparent about the costs of his services and fees. In this sense, he should also work with you to minimize unnecessary expenses.
- Reputation: Nothing beats word of mouth. Ask friends, family or colleagues if they have had positive experiences with this lawyer.
- Results: Results are never guaranteed with the mandate you entrust to your lawyer. That said, a good lawyer should have a track record of success in cases similar to yours.
Do you feel that your lawyer doesn’t meet these criteria, or that you’re not comfortable with the way he or she handles your case? Don’t hesitate to discuss it with him or consult another lawyer for a second opinion.
