1. "WHAT IS YOUR PRIMARY AREA OF PRACTICE?" Every client should understand the level of experience and skill that their attorney has in dealing with their particular type of case. This is important for a variety of reasons.
LICENSE REINSTATEMENT HEARINGS. In order to effectively represent a client at a license reinstatement hearing with the Secretary of State, the attorney must be familiar with the administrative rules that govern the hearing process in order to ensure that the documentation they intend to present at the hearing meets Secretary of State standards. The attorney should also have a basic understanding of alcohol/drug treatment concepts to ensure that the evaluation and treatment documents are internally consistent and do not contain typographical errors that will damage a client at a hearing.
Any attorney who represents clients at Secretary of State hearings should be actively involved in every stage of the process. It is crucial that the attorney order the Secretary of State file to have the opportunity to review the evidence prior to the hearing date, discuss the facts surrounding the DUI arrest(s) with client so that they are familiar with the client's testimony, and interview the client relating to their alcohol/drug treatment experience and current lifestyle to determine if their treatment was effective prior to proceeding with the hearing.
For more information on License Reinstatement Hearings, please refer to our "Top Ten List of Facts to Consider Prior to Attending an Illinois License Reinstatement Hearing After a DUI Revocation."
DRIVING UNDER THE INFLUENCE CASES. In order to effectively represent a client on a DUI charge, the attorney needs to understand how various areas of civil, traffic, administrative, and criminal law interplay with each other in court. Further, the attorney should also have a basic understanding of the scientific issues relating to chemical testing and field sobriety exercises in order to recognize potential defenses in the client's case.
The attorney's knowledge of civil law and procedure is important when a client is facing summary suspension of their driving privileges because a challenge to the summary suspension is considered a civil proceeding. In order to present a strong case against imposing the suspension, the attorney must be familiar with the civil rules governing evidentiary matters, the different burden of proof that applies in summary suspension cases, and the civil rules to subpoena witnesses in the summary suspension proceeding.
Second, an attorney needs to understand the applicable traffic laws and the administrative code of the Illinois Secretary of State in order effectively advise and defend a client who is faced with the possible loss of their driving privileges. A working knowledge of these areas of the law is crucial because the actions of the court in a DUI case carry the potential to revoke the client's Illinois drivers license. The attorney should be capable of advising the client about their projected legal eligibility for a permit and license reinstatement prior to accepting any plea that may result in the loss of their license so that the client can make an informed decision.
When defending a DUI charge, an attorney also needs to understand criminal law and procedure. This is important because the DUI offense carries the potential for criminal penalties, such as incarceration and fines, and the defense of a DUI charge is governed by the rules of criminal procedure. Any attorney who represents a client on a DUI should be skilled at examining law enforcement witnesses, participating in State negotiations, identifying and arguing criminal pre-trial motions, and ultimately, the attorney should have the requisite knowledge and skill to defend a client at trial on the DUI charge.
Finally, an attorney should have a basic understanding of the scientific issues relating to chemical testing for alcohol/drugs and have a working knowledge of the proper administration of field sobriety exercises. This is crucial because these tests are generally the most powerful evidence that the State may have against a client on the DUI charge. Any attorney who defends DUI cases should understand the errors that can occur in chemical testing and be prepared to seek to exclude the evidence if there were errors while conducting the test(s) on their client. The attorney should also have knowledge relating to the proper administration of field sobriety exercises to ensure that the officer's observations were reliable indicators of the client's alleged intoxication. The attorney's ability to identify issues relating to chemical and field sobriety tests is necessary to recognize possible defenses to the DUI charge and to determine when the assistance of expert testimony may be warranted.
CRIMINAL CASES. Prior to hiring any attorney on a criminal charge, a client should determine the level of the attorney's courtroom experience. A client should be confident that if plea negotiations and pre-trial motions are unsuccessful, the attorney has the requisite skill and preparedness to proceed to trial.
When consulting with a criminal defense attorney, many defendants ask "How many cases have you won?" when trying to appraise the qualifications of the lawyer. This question is not necessary the best question to ask, since the answer doesn't always provide the information that a client wants to know. For example, if the attorney says they never lost a case, it can mean they never tried a case.
Instead of asking the "win" question, a client should ask the bottom line question - "From you experience in these types of cases, what do you think can be accomplished in my case?" Afterall, it doesn't matter if the attorney has "won" a million cases if they don't think that that they can "win" your case. A criminal defense attorney should be qualified to advise their client regarding the potential sentence on the charge(s), their belief as to what constitutes a reasonable plea offer after reviewing the facts of the case, and to provide a client with their professional opinion relating to the strengths and weaknesses of the client's trial case.
2. "HOW DO YOU CHARGE FOR YOUR SERVICES?" A client should understand the details of the fee arrangement for the legal services prior to retaining an attorney so that they do not encounter unexpected costs once the representation has commenced. A client should also understand if they are entitled to any refund of the fee if they choose to terminate the attorney once they have begun work on the case.
3. "WHAT SPECIFIC SERVICES WILL YOU PROVIDE TO ME IF I RETAIN YOUR OFFICE?" Prior to retaining an attorney, a client should be clear on the purpose and scope of the representation. A client needs to determine what is included in the cost of the representation to ensure that they are receiving all of the services they expect from their attorney.
LICENSE REINSTATEMENT HEARINGS. When consulting with an attorney for representation at a license reinstatement hearing, the client should gather as much information about the services to be provided for the cost. Basic questions include:
- "Will you request my Secretary of State file?"
- "Will you obtain my DUI arrest information?"
- "Will you assist me in obtaining my treatment documents from my provider?"
- "Will you file the request for my hearing? If so, is the filing fee included in my cost?"
- "Will you review my treatment documents and drug/alcohol evaluation prior to the hearing date?"
- "Will you review any letters that I would like to submit at my hearing?"
- "Will I meet with you prior to the hearing date? If so, how often will we meet?"
- "Do you charge additional fees for phone calls and/or office meetings?"
- "Will you be personally be present on my hearing date or is there a possibility that a different attorney will handle my hearing?"
- "Does my fee include additional hearings if I am denied driving privileges at this hearing?"
DRIVING UNDER THE INFLUENCE CASES. Here are some basic questions that to ask any attorney during a DUI consultation:
- Does your representation include trial? If not, what is the additional cost if I elect to proceed to trial?
- Does you representation include challenging the suspension of my license? If not, what is the additional cost if I want to challenge my suspension?
- Does your representation include requesting a permit for me to drive during my suspension? If not, what is the additional cost to request a permit?
- Does this fee include any pre-trial motions? If not, how do you charge for representation on pre-trial motions?
- Does this fee include unlimited court appearances? If not, how much will I be charged per court appearance? Are there different charges per court appearance depending on the nature of the appearance (i.e. continuances, motions, trial)?
- Will I be entitled to a refund of any money if I terminate you in the future?
- Does this fee include appellate representation if I am found guilty at trial?
Although these questions are not exhaustive, they provide a good framework for learning information about the legal services to be provided in exchange for the requested fees. Prior to attending any consultation, clients should also draft a list of questions to ask the attorney during the meeting that are specific to their case.
4. "IF I CHOOSE TO RETAIN YOU, WILL WE SIGN A WRITTEN ENGAGEMENT AGREEMENT?" A written engagement agreement is a contract that is signed between the attorney and the client to define the terms of the representation. Prior to retaining an attorney, a client should consider requesting a written engagement agreement so that both parties are clear on the cost, scope, and terms of the representation. The client should insist on a copy of any written engagement agreement that they have signed with an attorney so that they are clear on the details of the representation.
5. "HOW LONG DOES IT TAKE FOR YOU TO RETURN CLIENT PHONE CALLS?" During the consultation, a client should specifically ask the attorney about the length of time they can anticipate prior to receiving a return phone call. The attorney should be willing to return your call in a timely fashion and provide you with an emergency telephone number in the event you need to reach them outside of regular business hours.
6. "WILL YOU BE PERSONALLY HANDLING MY CASE?" During your consultation, you should explicitly ask the attorney whether they will personally and exclusively be handling your case. Many clients do not want their case delegated to associate attorneys, coverage attorneys, or paralegals. A client should clarify to the attorney in the consultation that they want their case handled exclusively by that attorney if this is important to them.
7. "WHAT ARE YOUR OFFICE HOURS?" Depending on the client's schedule, it may be important that the attorney is not limited to conventional office hours. The client should ask about the attorney's regular office hours, whether the attorney offers evening or weekend appointments, and how to contact the attorney in the event of an emergency outside of regular business hours.
8. "WHAT TYPE OF CONTINUING LEGAL EDUCATION COURSES HAVE YOU ATTENDED RECENTLY?" An attorney should demonstrate commitment to their field of practice by continuing to learn about new developments in the law that governs their client matters. A good way for a client to gauge the attorney's skill level for their particular case is to learn how the attorney remains current on new developments in that field of law.
9. "ASIDE FROM YOUR LEGAL FEES, WHAT TYPE OF EXTERNAL COSTS CAN I EXPECT DURING MY CASE?" Aside from the attorney's fees, there may be external costs of the representation that the client will want to include in their budgeting process. The best resource to ask is the attorney handling your case. Clients should be informed of potential filing fees, administrative costs, drug/alcohol treatment fees, and potential court fines so that they can plan for the expense.
10. "ARE YOU LISTENING TO ME?" During the consultation, any client should internally ask whether or not the attorney appears to be genuinely interested in their legal concerns. After consulting with an attorney, the client should have a greater understanding of the law that applies to their case and have a clear view of their legal options. It is important that every client feel confident that their attorney will be actively engaged in protecting their legal interests.
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THE APPLICABLE LAW MAY VARY DEPENDING UPON THE SPECIFIC FACTS OF YOUR CASE.
YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THE LAW THAT IS APPLICABLE TO YOUR CASE.
