Who needs a criminal defense attorney?

by Justin Paperny | Jun 4, 2015 | Blog

June 4, 2015

While reading the New York Post this morning I read about some people in my community were who indicted for securities fraud. In fact, some of these guys are literally in my backyard. Steven Fishoff, Paul Petrello, Ronald Chernin, and Steven Costanin were charged with ripping off unidentified bankers to the tune of $3.2 million dollars. I have seen these types of releases so many times I won't get more into the case. If you have interest read the article.

My point in writing this short piece is to tell these gentlemen that the steps they take today will heavily influence their outcome. In fact, I am sure that as I write this at least one of them is taking action, lawyering up and cutting a deal. Others are living in "la la land" telling friends and family this morning that they did nothing wrong, and that the government has totally overreached. I suspect I know how this will end. The length of their prison terms will be influenced by each decision they make today. For the sake of their families, I hope they all act wisely. That is the best prison advice I can give today. This process is always harder on those that love and support us.

I presume these guys are looking for quality lawyers. To help them, I created a series of questions they should pose to any lawyer they interview. I should note we have posed these same questions to lawyers who will be joining, Etika Connect, our specialized 250 lawyer directory. This directory will feature only 250 lawyers across the whole country. Unlike Avvo or Martindale, or other legal directories, that features every lawyer, we are inviting lawyers who fit our criteria. In Los Angeles, for example, we plan to add less than 10 lawyers. That way when the thousands of people who visit our sites every month need help, they will see their options. We will have vetted the best.

Since these guys are in LA, I suggest they interview Alan Eisner, Mark Werksman, Joel Athey (my criminal lawyer), and David Willingham (a former U.S. Attorney who arrested yours truly). These guys are smart, have tons of experience, and as important, they are not so damn desensitized to this process. I can assure you Alan, Mark, Joel and David can easily answer the questions below.

Questions:

Please describe your typical caseload?
What provisions do you have in place for vacations or if you suddenly become saturated with other cases?
Describe an example of misconduct you have experienced by legal counsel that has opposed you:
Do you have references I can check?
How much experience do you have in federal court?
Do you charge hourly or is the fee inclusive?
Who would be the primary contact for our clients if it isn't you?
Please describe your team:
What would the interface be like and how would they typically communicate with the client: Phone/Email/Text/In-person? All of the above
Describe the typical relationship you have with the majority of your clients after sentencing:
Do you remain available to a client's spouse to help clean up remaining issues if your clients go to prison?
Describe your typical payment schedule:
Have you ever had any ethical complaints or state bar issues?
What do you consider is a reasonable amount of time to be prepared ahead of an arraignment or sentencing hearing?
How do you typically brief your clients with updates on the timeline as you perceive it?

Justin Paperny

Joel Athey, prison advice, Alan Eisner, Mark Werksman, Steven Fishoff, Steven Costantin, Ronald Chernin, Paul Petrello, Featherwood Capital, Etika Connect, David Willingham

25 Comments

Albie CardewJun 17, 2015
Thank you for providing a thorough list of questions to ask a potential criminal defense attorney. Law can be incredibly difficult to navigate if you are not well-versed in it, especially when felony charges may be involved. Having a personal interview with your lawyer where you ask such questions can help you narrow down and find the right professional for you.
- Justin PapernyJun 17, 2015
  Thanks for checking in Albie. Do you handle white collar crime? I checked out your site but did not see it as a focus, other than felonies.
Deanna R. JonesJul 2, 2015
Thanks for posting this! I also know a few people who were indicted for securities fraud. They're innocent, so they could use a good lawyer to help them out so that they won't have to go to jail when they haven't done anything wrong. I'm glad that you posted questions to help people who have been indicted to find a good lawyer. The question asking for a lawyer's references seems like a great way to find out more about an attorney. Hearing what other people have to say about a lawyer's services from their own experience working with them seems like a great tool for finding the right lawyer for a criminal defense case.
Rachelle ReevesJul 7, 2015
Thanks for this article! Those questions seem very detailed and difficult for most people to answer off the top of their head. I agree that if people commit a serious crime, then they need a good criminal defense lawyer.
Blakeley SouthernJul 9, 2015
Hiring the right criminal defense lawyer can be the most important decision if you ever find yourself arrested or charged with a crime. You bring up some good questions to ask your lawyer before hiring. I especially liked #4 "Do you have references I can check?" It is very important to hear first hand from previous clients to see if the lawyer will be a good fit for you.
- Justin PapernyJul 9, 2015
  Thanks for the comment. Do you handle white collar crime? Please feel free to share your work with our viewers. Justin
bob strongJul 10, 2015
Following these quesitons will make the lawyer selecting process much simpler. I never really know what to say to or ask a lawyer. After reviewing this list, I feel much more comfortable asking questions that will lead me to the right choice.
Jamarcus DantleyJul 14, 2015
I had no idea that getting a criminal defense attorney could do so much for you. It seems like asking the questions you provided would give you all the information you'd need to know if they could help you or not. I'll be sure to keep this in mind for the future.
Drew HarrisonJul 20, 2015
Knowing how a lawyer plans on interacting with you is something is a good thing to know going in. Some people are more comfortable with text or email so if you don't handle those well then it may not the lawyer for you. Communication style can really make a difference in how a case goes.
McKayla StraussJul 29, 2015
Those seem like excellent questions to ask a criminal defense attorney before hiring them. I wouldn't have even thought to ask what they have in place in case they are suddenly unavailable. It wouldn't make sense to hire someone that doesn't have at least something in place for a situation like that! What would be the ideal answer to look for from that question?
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Paige SmithJul 30, 2015
It is interesting to learn more about criminal defense attorneys. Lately, I have noticed a lot of our tax dollars are going to support the arrests of minor infractions of the law. In those cases, a defense attorney is definitely needed.
Nick MalloryAug 5, 2015
If I ever need a criminal defense lawyer, I certainly want to choose someone that treats my case as I seriously as I would. Therefore I'm so glad that you provided not only some direction but actual questions that I can ask that will help me select the right one. I've never thought about asking so many pointed questions, but this would be a very important moment and only the best will do. Thanks for the post!
Melody BrownAug 13, 2015
I like the question about vacations and other cases. That is a smart way to make sure they will spend a good amount of time on your case. Thanks for taking the time to post, I will keep this in mind.
David HunterAug 19, 2015
The police often make mistakes and there can be significant legal or scientific defenses available, too. Great guidance about criminal defense attorney.
Michael LeeSep 18, 2015
Good job on this article Justin, it is just what I would be looking for if I ever get around to putting a criminal defence lawyer on retainer! It is a good idea to ask if they have had any ethical complaints with the state bar, I would not have thought of that. This is something I will reference in the event that myself, or friends need a good criminal lawyer.
Sam FisherOct 12, 2015
I think that it is important that if you get into trouble with the law, regardless of severity, that you get legal help. Not everyone has sufficient knowledge to stand at the podium and defend themselves. Sometimes it takes a little professional help to make it through the day and not go to jail.
Veronica MarksNov 30, 2015
This list of questions is going to be so helpful for when I need to hire an attorney! Unfortunately, in this day and age, I don't think I'll be able to make it through my life without having to have an attorney at least once or twice. I think that asking these questions will help me feel fully comfortable with whoever I choose!
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Andy HarrisonMar 11, 2016
You are very right that it's important to take the right steps when looking for an attorney. If you don't, then be prepared to pay the max fine and possible spend some nights in jail. One of the things that I would ask the attorney before I hired them is what kind of experience they have. This way, you can see what types of cases they excel at and how long they have been doing this for.
SandraMar 30, 2016
I would love to have a personal consultation regarding this. Maybe you can advise me of whats the best time to call you guys. Thanks!
Hazel OwensApr 19, 2016
I like your question asking about the lawyer's typical caseload. It can be difficult for your lawyer to effectively defend your case if they are also working on multiple other cases at the same time. They might be a great lawyer, but if they don't have time to really get to know about your case, they might not be able to defend you effectively. Thanks for the questions.
Jeff MadisonApr 19, 2016
I like your tip on asking a criminal defense lawyer if they have any references they can check. I would imagine that checking references would be a good way to ensure that a specific attorney is what you are looking for. I know that if I ever need a criminal defense lawyer I'd want to check their references first.
Nash RichJun 14, 2016
It's interesting that decisions made early on, can lead to the length of time in prison. I like what it said that these kinds of actions are harder on loved ones than the person who committed the crime. I think it's good to add that people who don't commit crimes, can still be accused of a crime. Having a good attorney can really help those out, in need of defense.