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What to Know Going into Your First Legal Consultation

Eileen O'Shanassy

March 06, 2017

We all make first impressions in one way or another. You probably remember some of your first interviews and which ones were good and bad. When you enter an attorney's office or conference room for the first time, you're being evaluated along with your case. You also have the opportunity to judge if the lawyer has everything you need or require for your case. Here's how you'll want to approach that first consultation.

You Need Help, Not Control

You're at the attorney's office for professional legal help. Don't try to orchestrate your criminal defense. It's the attorney who is in control, and if you try to control their job, you're likely to politely be told to go find another lawyer and not come back. Right now, you're under the thumb of a prosecutor and at the mercy of the court. Your freedom is at stake. Be respectful, and by all means, tell the truth. If you retain the attorney, and he or she learns in the future that you didn't tell the truth, or you withheld material facts, you might be in the receiving end of a motion to withdraw from your representation. Not only will you need to find another attorney, but you lose credibility with the prosecutor and judge.

The Attorney Will Do Most the Talking

Expect to be answering many questions during this first interview. Unless you were a client in the past, the attorney doesn't know anything about you. A Houston appeals lawyer says once they learn about your background, they will want to know about the circumstances surrounding your arrest. They might not even ask if you committed the crime you're charged with. At this stage of your case, a criminal defense lawyer is more interested in whether there was probable cause for your arrest and whether you have been correctly charged. That's because simple mistakes by the police or prosecution can be cause for dismissal of the case against you. Again, answer any questions truthfully.

There Are no Guarantees

An attorney who guarantees the outcome of any case is in violation the laws that govern professional conduct. There are no guarantees in any courtroom. The attorney is allowed to tell you what a crime is punishable by and what he or she thinks can be done on your behalf, but to guarantee a dismissal or a not guilty verdict is clearly against the law. Beware of any lawyer who gives a guarantee.

The criminal defense attorney's job in that initial conference is to ask questions for purposes of isolating potential issues that could operate in your favor. Answer questions truthfully. Don't withhold information and don't rely on guarantees.

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