This is the second blog in a series about how to hire a criminal defense lawyer. Read my introductory comments.

Most people hire the wrong criminal defense lawyer for the wrong reason.  In my next several blogs I will focus on them all (Money, Advertising, Prior Results, Perceived Expertise, “Former Prosecutor,” and Connections.); today we'll look at Advertising.

Are you kidding me?

You're going to hire a lawyer because he sent you a nice brochure in the mail that says he's aggressive or available 24 hours a day?  You are impressed that he has flexible payment plans?  You think you have the right one because you were arrested for an offense that he lists in the ad?  You like the fact that he is a member of the criminal lawyers association?  That picture of him looking angry standing in front of the courthouse is exactly how you picture your lawyer?  That from $995.00 fee sounds good?

Wake up!  Advertising works.

Here's the truth:  There are good lawyers who advertise and there are lawyers who advertise who are, well, not so good, but look good in the yellow pages or in a four-color brochure in your mailbox.  We're all available 24 hours, and we can all write a check to the criminal lawyers association.  Most of us are aggressive when we have to be, and can take a good photo.

Here are my thoughts on hiring a lawyer based on advertising:

1.  If you are considering hiring a lawyer through an ad you saw, go ahead.  Make the appointment.  Go to his office and talk to him.

2.  Before you follow the advice above, find the person you respect the most.  Ask them for a referral to a criminal defense lawyer.  I know, you're embarrassed.  So lie, say it's for a friend.  Ask a family member, doctor, accountant, teacher or lawyer in another field.  Determine that the referred lawyer is not one you received a brochure from or one who has a huge ad in the yellow pages.  See that lawyer, too.

3.  Before you visit either lawyer, research both of them.  For information on whether the lawyer has any prior discipline, go the Georgia Bar Association's website (www.gabar.org).  To see what press he's received or find his website, use Google, Yahoo, Bing or any other internet search engine.  Determine how long each has been practicing criminal defense.  Generally time in practice is a bunch of crap.  There are some great five-year lawyers and some terrible 25-year lawyers.  There is a difference, though, in a lawyer out two years and a lawyer out 10, especially if you are charged with a serious felony.  Look for someone who's in touch with the day to day happenings at the courthouse and pay much more attention to recent developments in the law.

4.  If after that minor research you decide to see both lawyers, ask the following questions at the consultation:

• Who will be working on my case?
• Right now, do you see any motions you may consider filing?
• How much of your practice is criminal defense? (Anything under 50%, leave now.)
• If known at the consultation, what can you tell me about the judge?

5.  Don't ever ask about wins/losses.  This is a sign of too much TV and immaturity.  If a lawyer tells you he wins all his cases, leave now.  Wins and losses are always in perspective.  Few cases are tried, and a "win" can mean many things.

6.  About that "have you ever handled a case like this" question:  that's a toss-up.  Criminal defense is about finding reasonable doubt, and protecting the constitutional rights of defendants.  This is true whether they are charged with DUI, theft, mortgage fraud, or murder.  No, you shouldn't hire a "DUI lawyer" to handle a murder case, and you shouldn't hire a "ticket lawyer" to handle a white-collar fraud case.  However, a practitioner who doesn't specialize in a specific type of criminal defense is just as good in a theft case as she is in an assault case.