I'm a Criminal Defense Lawyer. Here Are 2 Things I'd Be Cautious About Before Hiring an Attorney.

Estimated Read Time: 2 Minutes
Reviewed by Attorney Nate Gjesdal
July 25, 2026

If you've never hired a criminal defense attorney before, you're not alone.

For most people, an arrest or criminal investigation is unfamiliar territory. You're trying to make important decisions while dealing with stress and uncertainty. After more than 16 years practicing criminal defense, here are two things I'd encourage anyone to be cautious about before hiring an attorney.

1. Be Cautious When Someone Makes Specific Promises on the Attorney's Behalf

It's natural to want reassurance when you first contact a law firm. But I'd be cautious when someone promises exactly what the attorney will do before the attorney has reviewed the case or spoken with you.

For example:

• "The attorney will go to the prosecutor's office tomorrow and get this dismissed."

• "The lawyer will call the District Attorney first thing in the morning and take care of it."

• "Once you hire us, the attorney will immediately get the charges dropped."

At many law firms, your first conversation may be with an intake specialist or office manager. They play an important role in gathering information and helping determine whether the firm may be a good fit.

The issue isn't who you're speaking with. It's when someone commits the attorney to a specific action or outcome before the attorney has evaluated the case.

A good law firm should explain what may happen next without promising actions or outcomes that have not yet been confirmed.

2. Be Cautious If the Consultation Doesn't Leave You Better Informed

Many people think they need to explain every detail of their case during the initial consultation.

In reality, that first conversation usually serves a different purpose.

It helps the attorney understand where your case stands, answer your immediate questions, explain the legal process, and determine whether the attorney is the right fit for you.

If you decide to move forward, there will be plenty of time to review police reports, discuss evidence, and develop a legal strategy.

The purpose of a consultation isn't to tell your entire story. It's to determine the best path forward.

When the consultation ends, you should have a better understanding of what comes next. You should know what to expect, what information is still needed, and what your next steps are.

If you leave feeling more confused than when the conversation started, that's worth paying attention to.

A good consultation won't eliminate every uncertainty, but it should leave you feeling informed and prepared for what's ahead.

Final Thoughts

Hiring a criminal defense attorney is an important decision.

Take the time to ask questions and understand how the attorney approaches your case. Pay attention to the attorney's communication style and ask who your primary point of contact will be throughout the process. Will it be the intake manager, a paralegal, an associate attorney, or the attorney you initially met with? Understanding who will be communicating with you, who is responsible for your defense strategy, and what you can realistically expect throughout the process helps set clear expectations from the very beginning.

Most importantly, choose someone who helps you understand what to expect, not someone who simply tells you what you want to hear.

The best consultation isn't the one that makes you feel the most optimistic.

It's the one that leaves you feeling the most informed.

Ask Us a Question

Have a question about your specific circumstances? Ask below and we will respond to you within 48 hours.