If you are charged with a crime, you will likely face one of the most stressful situations you have ever experienced. During this confusing and frightening time, you need your defense attorney to advocate on your behalf, explain your legal options, and protect your rights.
What should you do if you start to feel like your lawyer isn’t fighting for you? Whether your attorney seems unprepared, doesn’t return your calls, or you just don’t feel like they are trying to obtain the best result possible, these are serious concerns that shouldn’t be overlooked.
If you think your defense lawyer isn’t fighting for you, learn the difference between unrealistic expectations and true warning signs. Read on to find out how to know if your attorney is working in your best interest.
What Does It Mean For a Lawyer to “Fight for You?”
Some people envision their ideal lawyer as an aggressive litigator who shouts objections, challenges every bit of evidence the prosecution presents, and would never suggest entering into a plea bargain. However, effective legal counsel can look very different depending on your situation.
For example, fighting for a client involves:
- Protecting your rights
- Investigating the case
- Reviewing evidence and witness statements
- Negotiating with the prosecution
- Filing motions to suppress evidence or dismiss the case
- Building a strong defense
- Advising you on your options
- Seeking the best outcome for your unique situation
While fighting for a client may mean rejecting a plea deal and taking a case to trial in some instances, it may also mean negotiating with prosecutors in other situations. An attorney understands how to achieve the best results based on the circumstances surrounding your case.
Signs Your Lawyer May Not Be Fighting for You
Every client’s ideal attorney will provide different services. Still, certain problems with your attorney could point to a lack of effective representation.
Communication Problems
When it comes to frustrations with your attorney, poor communication is one of the most common complaints. Your lawyer should always make timely responses and keep you updated on your case.
Unfortunately, many attorneys are busy working on several cases at one time. While they should always be responsive, certain delays may be unavoidable.
Red flags include:
- Continuously ignoring your phone calls or emails
- Failing to explain your legal options
- Not returning your calls or messages in a reasonable amount of time
- Making you miss court dates or deadlines
- Refusing to answer basic questions about your case
Your attorney should help you understand what is going on with your case and what you can expect moving forward.
Your Lawyer Is Unprepared
Handling a criminal defense case requires knowledge and preparation. If your lawyer seems unaware of important details or constantly arrives unprepared to meetings or court, you may have a problem.
For example:
- Missing court deadlines
- Neglecting to review key pieces of evidence
- Showing up late to your meetings or court
- Unable to answer your questions
- Appearing to be caught off guard by information they should already know
- Preparation is one of the most critical parts of developing your defense.
Your Attorney Is Pressuring You
Your attorney should advise you and make recommendations, but you ultimately get to make the decisions about your case. Decisions that you should expect to make include whether or not to accept a plea deal, if you should testify and whether to go to trial.
If your lawyer is strong-arming you into making decisions without explaining your options, consider asking more questions or seeking a second opinion.
Failure to Investigate
Building a solid defense often requires proper investigation. This may include reviewing police reports, interviewing witnesses, consulting experts, and examining physical evidence.
If your attorney fails to investigate important parts of your case, you may want to take your concerns seriously.
Do Your Expectations Matter?
Think your attorney is not fighting for you because your expectations are too high? Think again. While certain aspects of the attorney-client relationship can be improved upon, some warning signs point to clear negligence.
Many defendants do not realize that their case:
- Won’t be automatically dismissed
- Will involve negotiating a plea deal
- May not go to trial
- Can take time
Just because your attorney advises you of a plea deal or your case doesn’t get dismissed doesn’t mean they aren’t working in your best interest. No attorney can wave a magic wand and make the charges against you disappear.
Facing criminal charges is scary, and you have every right to want your lawyer to fight for you. However, understand that even the best lawyers can’t overcome solid evidence or advise a client to do something they aren’t willing to do.
How To Know If Your Attorney Is Trying Their Best
As mentioned above, communication is key. You know your situation best. If something doesn’t feel right, request a meeting to address your concerns.
Here are some questions you may want to ask:
- What is your game plan?
- Have you reviewed all of the evidence?
- What defenses are we able to raise?
- What are the strengths and weaknesses of my case?
- What should I expect?
Most of the time, talking to your lawyer about your concerns will clear the air and allow you to move forward.
Request More Information
You are entitled to review police reports, motions your attorney files on your behalf, discovery material, and court documents. You should consider reviewing this information if you feel like your lawyer is not fighting for you.
Reviewing this material may give you a better idea of what your lawyer is doing behind the scenes.
If you think your defense lawyer isn’t fighting for you, don’t sit back and hope things will get better. Determine whether poor communication, unreasonable expectations, or true negligence is the cause of your concerns.
Speak with your lawyer, go over your case, and consult with another defense attorney if necessary. You deserve an attorney who will go above and beyond to protect your rights.
Contact Capetillo Law
At Capetillo Law Firm, we take pride in protecting our clients’ rights. Our criminal defense attorneys will guide you through every step of the legal process and work tirelessly to achieve the best possible outcome for your case. Contact us today to schedule your free consultation.
