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Can I have a do-over? Hiring and firing Michigan criminal lawyers.

8/1/2013

 
Yes, you can fire a Michigan criminal defense lawyer.  When hiring a criminal defense lawyer in Michigan, you have a certain expectation in that relationship.  You should understand your case, your options, the game plan for your case, and feel confident that your attorney is able to handle your case in a competent fashion.  I get a lot of calls from clients who are not happy with their lawyer.  

The first thing I tell them is they are already represented by a lawyer, so I need to respect that relationship.  I simply tell them about my experience and my background and hear a little bit about their case.  From there I tell them to think about their options.  They can go ahead and hire me, and I would file a substitution of attorney on the case, or they can stick with their lawyer. Many times a potential client is more upset with the facts of their case and their limited options, and their dispute has nothing to do with their lawyer; in these circumstances I tell them I could probably not do anything more for them.  Then on the other hand I hear what their current lawyer is doing, and I shake my head at the situation.  I would never advise a client to hire me over their attorney, but may gently suggest they take some time to think about the current situation, and explore other options, if not me, maybe someone else.

As a former Oakland County Assistant Prosecutor, I worked with a lot of criminal attorneys in Michigan.  Many were great attorneys, but some were not up to par with their colleagues.  It wasn't so much that the lesser lawyers knew less about the law or how to handle a criminal case, but rather they were not passionate about the case and/or seemed to have a lack of communication with their client.  I found this quite disturbing that a criminal lawyer in Michigan was being paid a fee for a job, yet weren't representing their client in the proper fashion.  The best criminal lawyers in Michigan are organized, passionate and not afraid to push for the best result.  Most importantly they work hard to get as many options for their client.  This is a major moment for that client, they should have every possible option on the table.

When I represent a client in Michigan, I put a strong emphasize on communication.  I keep my clients fully informed of all of their options and my client is satisfied with knowing their options.  I walk my clients step by step from initial conversation to the end of their case.  I don't simply tell my client to plead guilty - a client can do that themselves without a lawyer.  

When I first take on a case, I make sure I have every piece of evidence.  I review everything myself, send the same exact information to the client, then we sit down together and review the case.  I speak to them how a prosecutor and judge would view their case, and how I view their case based on my experience as a criminal lawyer in both Michigan and New York.  From there I show them two paths; the path of defeating their case in the courtroom and the path of negotiating with the prosecutor and the judge for the most favorable outcome via plea.  My goal is to get the best offer on one side of the table and their best criminal defenses on the other side of the table.  I explain the pros and cons of both options, and my client decides their own path.

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Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor