TL;DR: How to Hire a Criminal Defense Lawyer Without Getting Screwed
- Interview at least 3 lawyers before deciding—don’t hire out of fear
- Ask to see recent sentencing memos and speak with 3-5 actual clients (first and last names)
- Clarify billing up front: flat fee vs hourly, total realistic cost, what happens if money runs out
- Verify they can explain your case in plain English—if they hide behind jargon, walk away
- Trust your gut—if something feels off in the first meeting, it won’t get better
The $500,000 Mistake: Why Most People Hire the Wrong Lawyer
$500,000.
Fifteen months in federal prison.
Same sentence a public defender would’ve gotten him.
The executive on the phone had just been sentenced. Middle of the guideline range. Standard plea. Restitution paid. Nothing complicated.
He should’ve been relieved.
Instead: “I wish there was another option.”
I asked what he meant.
“Another bill just came.”
Pause.
“Over half a million dollars in total.”
Three to four lawyers at every meeting. All of them cc’d on every email. All of them at the probation interview.
Sentencing got continued three times. One of those days, his legal team sat in the courthouse. All day. Billing.
“Associates got trained on my nickel,” he said. “I paid around half a million to get a middle-range sentence.”
He wasn’t angry at the lawyers. They worked. They billed. That’s the job.
He was angry at himself.
“Did you ask about a flat fee?” I said.
Silence.
“It was never proposed. I wish I’d asked.”
Then: “I would’ve gotten the same sentence with a public defender and had all that money.”
He didn’t qualify for a public defender. But he was right.
He hired out of fear. Saw credentials. Heard confidence. Wrote checks.
Never asked the right questions.
My Mistakes Hiring Criminal Defense Lawyers
I did the same thing.
Federal defendant. Multiple lawyers. Some good. One terrible. And every disaster? All my fault.
I didn’t know what to ask. I heard what I wanted to hear. When someone said, “I think we can keep you out of prison,” I’d already pulled out my checkbook.
I had regrets. Not just about the sentence—I might’ve done eighteen months regardless. But about how I prepared. How I hired. What I didn’t know.
Here’s what defendants do: we lie. Or we minimize. Or we leave things out because we’re embarrassed.
And here’s what some lawyers do: they don’t dig. They take your story at face value. They become order-takers for the U.S. Attorney. They don’t negotiate because they don’t know the facts well enough to fight.
I didn’t speak openly with my lawyers. Not at first.
Stupid.
Seventeen years as a crisis manager now. Worked alongside hundreds of lawyers. Seen the brilliant ones. The mediocre ones. The ones so bad they should’ve been plumbers.
The best way to avoid a difficult lawyer?
Don’t hire one.
But most people don’t know how. They hire scared. They trust websites and awards and that feeling of relief when someone says, “I can help.”
Then they pay for it.
How to Hire A Criminal Defense Attorney: Verify Their Track Record (The Right Way)
A few months ago, someone from our community called. He’d just interviewed a lawyer. Top ratings on Avvo. Martindale-Hubbell. Impressive website.
He’d watched one of my YouTube videos. So during the consultation, he asked the lawyer if he could see a sentencing memo the lawyer had written.
“Why?” the lawyer said.
“I want to see how persuasive you are.”
“What do you mean?”
The prospect didn’t blink. “I assume there are cases where you asked for one thing, the government asked for another, and you won. What did you write? What convinced the judge?”
The lawyer looked confused. “How do you know to ask this?”
“That’s not relevant. What’s relevant is I’m looking at prison. I have a family. I need to know if you’re the guy. I don’t want to hear what you’ve done. I want to see it. Same way I’d show a judge I deserve leniency—not tell him.”
Pause.
“You’re asking for $350,000. I’d like to speak with three of your clients.”
The lawyer balked.
“What do you mean you won’t share a memo? Black out the names. I’ve read these are 80% boilerplate. Are yours? And why can’t I talk to your clients? If they loved you, they’d sell your services.”
Defensive. Excuses. Conversation over.
He didn’t hire that lawyer.
Found someone else. Charged half as much. Proudly shared her memos. Gave him ten client names—first and last, phone numbers, emails—and said, “Call whoever. You’ll hear the good and the bad.”
He spoke with several clients. Including Matthew Boyer. Hired her. She crushed it.
That’s confidence.
Compare that to the lawyer who got defensive.
Which one would you trust with your life?
Is This Just a Job for You, or Do You Actually Care?
When I was eleven, I went to my grandfather’s funeral.
Afterward, I walked past a side room. Funeral home staff. Laughing. Talking about weekend plans.
Not bad people. Just work.
For us? Worst day of our lives.
For them? Tuesday.
Years later, sitting with lawyers during my case, that moment kept coming back.
Is this just Tuesday for you?
One lawyer I hired sounded annoyed every time I called. Every question felt like an inconvenience. I was just another retainer. Another file. Another Tuesday.
I’ve also worked with lawyers who take it personally. Who stay up until 2am on motions because it will influence the outcome. Who get angry—righteously angry—when the government cheats.
Guess which ones win?
Ask early: Why do you do this work?
Not how long. Not success rate. Why.
If they light up, tell you a story—good.
If they give corporate speak about “serving clients”—keep looking.
You’re trusting someone with everything. You deserve someone invested.
Why Online Lawyer Reviews Are Mostly Worthless
I have no idea how rating sites work.
LinkedIn. Awards. “Top Attorney.” “Super Lawyer.” “Best of Orange County.”
Some of these lawyers are impossible to work with.
I wonder who’s rating them. Not their clients.
I have a text a lawyer sent to my client, Adam. Supposed all-star lawyer in Orange County.
“Stop asking me about the probation interview. It is a 10 minute meeting with a few personal questions. It is nothing, stop asking me. It is not a big deal. Someone on my staff will be there with you, not me. Stop asking me.” GOT IT?”
Read that again.
Dismissing the probation interview is like Tiger Woods skipping practice rounds.
The probation interview feeds the pre-sentence report—the most important document a judge reads before sentencing. It influences everything.
And this “top-rated” lawyer tells her terrified client to stop asking?
Not a top lawyer. Malpractice in good marketing.
How to Actually Verify a Criminal Defense Lawyer’s Reputation
You need to talk to actual clients.
Not testimonials. Real people. Recent.
Reviews without full names? Worthless. Fabricated.
I’ve been asked to write five-star reviews for lawyers I never hired. Refused. Most don’t.
When someone wants to speak with our clients, I can give a hundred names in ten minutes. Last year or two. Real people. Honest feedback.
No one’s perfect. I’m not. But I’m confident enough to let people hear the truth.
If a lawyer can’t give you names—real names—ask what they’re hiding.
Call those clients:
- Would you hire them again?
- Did they communicate or ghost you?
- Billing surprises?
- Did they fight or phone it in?
Every reference sounds scripted? Suspicious.
Candid—”Great at this, wish she’d been better at that”—that’s real.
Diane Bass sends ten names. Contact info. “Call whoever. Full picture.”
The Orange County lawyer told her client to stop asking questions.
Who do you trust?
Flat Fee vs Hourly Billing: What You Need to Know
Back to the $500K guy.
Hourly versus flat fee—there are pros and cons.
His case? Flat fee would’ve made sense. No reason for three or four lawyers on every call. Every email. Every meeting.
He didn’t know to ask.
Before hiring, ask:
- Hourly or flat?
- If hourly: your rate? Associates? Paralegals? Realistic total?
- If flat: what’s included? What triggers extra charges?
- Retainer balance requirements?
- If I run out of money, what happens?
Don’t accept vague. Don’t let them say “depends” without specifics.
I once got an $27,000 bill I wasn’t expecting. Work was legit. But I wasn’t ready. That surprise doesn’t just hurt financially—it destroys you. Trapped. Can’t question because you’re already in too deep.
Be clear about money. Up front.
The $500K guy joked bitterly: “Would’ve gotten the same sentence with a public defender and kept the money.”
He’s right.
Don’t Hire a Lawyer Too Fast (Even Though It Feels Urgent)
I hired too fast.
Scared. Wanted to fix it immediately. First lawyer said he could help. I wrote a $50,000 check on the spot.
He was fine. Not great. Not terrible. Fine.
“Fine” wasn’t good enough.
Didn’t shop. Didn’t interview others. Didn’t ask hard questions. Just needed to feel like I was doing something.
Mistake.
It feels urgent. You want relief.
But hiring wrong costs more than waiting a week to find right.
Interview three lawyers minimum. Notes. Compare. Sleep on it.
Urgency clouds judgment.
If a Lawyer Can’t Explain Your Case Simply, Walk Away
Simple test: Ask them to explain your situation in plain English.
Can’t do it without jargon? They don’t understand it, or they’re using complexity to seem smart.
Good lawyers explain complicated things simply.
Bad lawyers hide behind terms.
I had a lawyer who only spoke legalese. Every conversation left me more confused. I’d nod. Didn’t understand. Too embarrassed to admit it.
Don’t be me.
Don’t understand? Stop them. Ask differently.
Frustrated or condescending? Walk.
Best lawyers I work with break down complex strategies so clearly a high schooler could follow. Not dumbing down. Actually understanding.
Can’t explain your case simply to you? How will they explain it to a judge?
Who’s Actually Going to Work on Your Case?
Some lawyers are phenomenal at sales.
You feel like you hired a legal Navy SEAL.
Then you never see them again.
Happened to me. Big name. Impressive website. Case handled by someone I’d never met. Overwhelmed.
Before hiring:
- Who do I talk to daily?
- Who writes? Researches?
- Will I be handed off?
In writing.
Big name just closing? Fine—but pay accordingly. Don’t pay premium for someone you’ll never work with.
$500K guy? Part of that bill: multiple lawyers who didn’t need to be there. Associates trained on his dime.
Who’s doing the work? Clarity. Writing.
Ask About Worst-Case Scenarios (Most Lawyers Won’t Tell You)
Most lawyers won’t volunteer worst-case.
They focus on best or likely.
You need the range.
Criminal charges:
- Maximum sentence?
- Minimum?
- Realistic based on similar cases?
- What makes it better? Worse?
As a defendant, I didn’t ask enough. Wanted to believe best-case was guaranteed.
Wasn’t.
One lawyer: “I think we can keep you out of prison.”
I heard promise. It was optimistic guess.
Another: brutally honest. “Worst case, ten years. Best case, two to three. Most likely, middle.”
Hated hearing it. But I could prepare. I knew.
Can’t make decisions without knowing stakes.
Won’t give hard truth? Not protecting you. Protecting the sale.
Trust Your Gut in the First Meeting
Sometimes you just know.
Something feels off. Talk over you. No eye contact. Oversell.
As a defendant, I ignored that feeling multiple times. Leave thinking, That didn’t feel right. Hire anyway. Desperate.
Every time I ignored my gut, regretted it.
Once sat with a lawyer who interrupted constantly. Didn’t listen. Waited for his turn.
Knew immediately. Wrong.
Hired him anyway. Good reviews. Fancy office.
Biggest mistake. Never listened. Did it his way. Ignored input. Dismissed concerns.
Gut says wrong? Listen. Find someone else.
The Questions You Need to Ask
You won’t remember everything in this chapter when you’re sitting across from a lawyer. Scared. Trying to figure out if they’re right.
So I created a consultation script with every question you need to ask.
Print it. Bring it to every consultation. Take notes. Don’t apologize for using it.
The lawyers worth hiring won’t be offended. The ones who get defensive when you pull out a list of questions? That tells you everything you need to know.
Get the free consultation script here →
Final Advice: Do Your Due Diligence Before Hiring
Hire great. Do diligence. Confirm through evidence and actions, not words.
Talk to clients. See work. Ask hard.
Don’t hire first confident voice. Don’t hire scared.
$500K guy wishes he’d asked better questions.
Prospect who walked from defensive lawyer? Found Diane Bass. Half the price. Excellent work.
I had regrets. How I hired. How I didn’t prepare. Questions I didn’t know to ask.
You don’t have to.
Questions. Transparency. Gut.
Your future depends on it.
Frequently Asked Questions About Hiring a Criminal Defense Lawyer
How much should I expect to pay a criminal defense lawyer?
Federal criminal defense costs typically range from $50,000 to $1 million+ depending on case complexity, whether you go to trial, and the lawyer’s experience level. Always ask for a flat fee when possible to avoid billing surprises. Get the total estimated cost in writing, including what happens if you run out of money mid-case.
What questions should I ask before hiring a criminal defense attorney?
The most important questions are: (1) Can you explain my case in plain English? (2) Can I see examples of your sentencing memos or motions? (3) Can I speak with 3-5 recent clients? (4) What’s the realistic range of outcomes? (5) Who will actually be doing the work on my case? (6) What’s the total cost, and what happens if I run out of money?
Get the complete consultation script here →
How do I know if a criminal defense lawyer is good?
Ask to see recent sentencing memorandums (with names redacted), speak with 3-5 recent clients (first and last names so you can verify they’re real), and verify they can explain your case and legal strategy in plain English without hiding behind jargon. Good lawyers are confident enough to show you their work and let you talk to their clients.
Should I hire the first criminal defense lawyer I consult with?
Maybe, if they check your boxes. Some interview at least three lawyers, compare their approaches and pricing, and sleep on the decision before signing anything. Hiring out of fear or urgency leads to expensive mistakes. The urgency you feel is real, but hiring the wrong lawyer will cost you far more than waiting an extra week to find the right one.
What’s the difference between a flat fee and hourly billing for criminal defense?
Flat fee means you pay one set amount for the entire case (or specific phase like sentencing), so you know the total cost upfront. Hourly billing means you pay for every hour the lawyer and their team works, which can lead to surprise bills if multiple lawyers attend every meeting or get cc’d on every email. Always ask how they prevent duplicate billing and what the realistic total will be.
How can I verify a criminal defense lawyer’s reputation?
Ignore anonymous online reviews—they’re often fake. Ask for 3-5 names of recent clients (from the past 18 months) with first and last names so you can verify they’re real people. Call those clients and ask: Would you hire this lawyer again? Were there billing surprises? Did they communicate regularly or ghost you? Candid answers like “Great at this, wish they’d been better at that” are more valuable than scripted testimonials.
What are red flags when hiring a criminal defense lawyer?
Major red flags include: refusing to show you examples of their work, won’t let you speak with recent clients, can’t explain your case in plain English, vague about billing (“it depends” with no realistic range), promises outcomes without showing how (“I can keep you out of prison”), gets defensive when you ask questions, or minimizes critical events like the probation interview. If your gut says something’s off in the first meeting, trust it.
Should I hire a lawyer with a big reputation or a smaller practice?
Reputation matters less than who will actually work on your case. Some “big name” lawyers are great at sales but hand your case to an overwhelmed associate you’ve never met. Before hiring anyone, ask specifically: Who will I communicate with weekly? Who writes the motions and sentencing memo? Who shows up to the probation interview? If the big-name lawyer won’t be doing the work, don’t pay premium rates for their name alone.
Author
Justin Paperny (hey, I’m writing about myself in the third person!) is an ethics and compliance speaker and founder of White Collar Advice, a national crisis management firm that prepares individuals and companies for government investigations, sentencing, and prison. He is the author of Lessons From Prison, Ethics in Motion, and the upcoming After the Fall. His work has been featured on Dr. Phil, Netflix, CNN, CNBC, Fox News, The Washington Post, and The New York Times.
