Top 5 Qualities to Look for in the Best Criminal Lawyers

Do you need to attend a court matter for a crime you did not commit? Allegations of any kind are stressful, so it’s important to have a criminal defence lawyer on your side who understands your case and can create a defence strategy that puts you in the best position.

Whether the police have significant evidence on you or you’re worried about the outcome of a family member, you want to know that your lawyer of choice has legal expertise. If you need representation when facing a criminal charge, this article will explore what separates a mediocre lawyer from a reputable one.

Criminal Defence Lawyer: Non-Negotiable Qualities

What are some key qualities that are essential for a criminal lawyer to have? From legal expertise to strong defence strategies, these qualities will ensure you invest in the right lawyer for your circumstances.

1. Expertise in Criminal Law: Navigating Complex Legal Landscapes

Criminal defence law is highly specialised, and not all lawyers know this field of practice. For example, if you are accused of a white-collar crime or a traffic offence charge, you want a lawyer who can confidently tackle your case. 

What does your lawyer need to know that is non-negotiable when conducting legally aided trials in an effective and economical manner?

Knowledge of the law

• Understanding and applying key criminal law legislation, case law, rules, practice and procedure 
• Understanding the correctly applying the rules of evidence by identifying evidentiary issues, taking and responding to objections and questioning witnesses in appropriate form and manner
• Knowledge of relevant authorities on jury directions
• Familiarity with current sentencing practices

Preparing and analysing

• Thoroughly analysing the case and developing a clear, written case strategy that is logically built on evidence and applicable law
• Makes use of detailed instructions early in the case, ethically testing these and using forensic evidence to incorporate this into a case strategy
• Identifying and narrowing the factual and legal issues in dispute
• Prepares and organises case materials
• Confers with every potential defence witnesses
• Engages with parties in a timely and effective way
• Completes a Victoria Legal Aid Committal report and trial preparation plan within seven days of a contested committal
• Prepared written and oral submissions of fact and law, which is consistent with case theory
• Proactively negotiate with the prosecution to settle matters or narrow issues in dispute
• Working with the judge, court, and prosecution to avoid unnecessary delays or adjournments
• Preparing and organising prompt notes, schedules, exhibits, and visual aids for use in court

Communication and advocacy skills

• Representing clients in an efficient, persuasive manner to ensure a fair trial and the best possible outcome
• Presents oral submissions in an audible, clear, concise and structured manner
• Uses appropriate language, pace, eye contact and body language to witness responses as required
• Delivers an opening address that is based on defence case theory, makes appropriate concessions, is not argumentative, and is engaging
• Conducts focused questioning that is purposive and responsive to witness responses
• Conducts effective cross-examination which is structured, relevant and admissible and does not use improper questions as per Section 41 of the Evidence Act 2008
• Conducts effective re-examinations where appropriate
• Takes a flexible approach in exercising forensic judgements 
• Critically analyses new material and replies or rebuts prosecution submissions
• Delivers a cohesive closing argument as to the factual and legal issues in the case

All in all, a criminal lawyer familiar with the Victorian court system can guide you and provide valuable insights throughout your case. For more information, look on the Legal Aid website.

2. Proven Track Record: Evidence of Success in Court

To successfully represent people in court, a criminal lawyer must have hands-on, proven experience in court that matches what you’re looking for.

A lawyer in criminal defence who has dealt with similar cases–such as drug charges–will know the best approach to take, the legalities surrounding your position in court, and how to navigate this in the Australian criminal justice system. Let’s look at a May Lawyers case study:

A client was charged with exceeding the speed limit by 45 km/hr or more, and on a finding of guilt, he faced a mandatory minimum of 12 months’ licence loss. Police alleged they had detected him on a radar travelling at 135 km/h in an 80km/h zone. Our client admitted he was speeding but not going that fast.

Throughout the disclosure process with the prosecution, we discovered that another vehicle had been travelling alongside our client at the time police made the radar detection. Through cross-examining the police members at a contested hearing, we were able to cast doubt on which vehicle they had detected.

Our client was acquitted of exceeding the speed limit by 45km/h or more and found guilty of the lesser charge of exceeding 35 km/h. This meant he only lost his licence for six months instead of 12. Due to our client offering to plead guilty to that charge at an earlier stage, police were ordered to pay his legal costs.
When researching a criminal lawyer, look at their example cases and success rate. Although experience doesn’t always equal the win you’re hoping for, this increases your chances of achieving a favourable outcome. To be completely prepared before your first legal appointment, have a read of the top questions to ask a drug offence lawyer!

3. Strong Communication Skills: Building Client-Lawyer Trust

Legal jargon isn’t always easy to understand, and a criminal lawyer with effective communication skills can clarify it.

An approachable, honest lawyer will help you understand the law regarding charges, available plea options, court procedures, and legal issues that can arise during the court process. What are some good questions you can ask?

• How do we communicate throughout the legal process?
• What happens if we disagree on how we should run my case?
• How will you keep my information confidential?
• Will we need expert reports or witnesses?
• Have you done a conflict of interest check?
• What happens if a privileged document is disclosed?
• Are there other lawyers in your office who will work on my case?
• If we need a barrister, what information would they need?
• What happens if my circumstances change?
• What happens if I don’t get the outcome I’m hoping for?

Court proceedings take an emotional toll on anyone, so it’s equally essential for a lawyer to be empathetic and understanding of what you’re going through. There should always be respect for your reputation and well-being and concern for where your case is heading.

4. Analytics and Effective Strategies

When it comes to being fairly represented, your lawyer must be committed, determined, and focused to get you the best result possible.

In terms of analytical skills, the lawyer needs to carefully consider the evidence of criminal charges and provide you with honest advice about your case. They need to be detailed and thorough when preparing your case for trial, considering all possible defences.

Let’s look at some powerful defence tactics:

• Mistaken identity, such as due to poor witness visibility at night. This strategy relies on the evidence of a witness being discredited or an alternate theory being provided, which can offer an alibi to the accused.
• Negotiating a plea bargain with the prosecution. A defendant can plead guilty to a lesser offence in exchange for a lighter sentence.
• Focus on the burden of proof, meaning the prosecution must prove guilt beyond a reasonable doubt. A criminal lawyer can highlight inconsistencies in the prosecution’s case.
• Self-defence in a homicide case. As one of the most common strategies, the defensive action must be proportional to the force used against them or the threat of harm.
• Expert witnesses such as forensic experts can examine DNA evidence.
• Building a compelling narrative. A criminal defence lawyer can build a story that is consistent with the defendant’s version of events, highlighting any mitigating factors.

Are you meeting with a lawyer and don’t know what to say? Have a read of what you should know when preparing for your first meeting with a criminal lawyer!

5. Integrity and Professionalism: Upholding Ethical Standards

According to the Victorian Legal Services Board Commissioner, lawyers have strict legal obligations to their clients. A criminal lawyer is obligated to act in your best interests when representing you, generally follow your lawful instructions, give you clear and timely advice, do their work competently and diligently, and not disclose confidential information to any other person. Let’s look at a lawyer’s duty to the criminal justice system:

• A lawyer cannot mislead the court
• If you have lied to the court, a lawyer can refuse to represent you
• If you have told your lawyer you committed an offence, they cannot suggest someone else is responsible

Additionally, these regulatory guidelines outline a lawyer’s conduct when providing information to the police. What is acceptable when dealing with clients and their associates?

• A lawyer is an officer of the court and is expected to respect and uphold the law
• They must be granted a practising certificate before working as a legal practitioner in Victoria
• A lawyer must know, obey, and uphold the Legal Profession Uniform Conduct Rules
• A lawyer has a duty of confidentiality to clients, which protects certain communications arising out of the lawyer-client relationship from compulsory disclosure
• A criminal lawyer must avoid conflicts of interest and think carefully about the potential for conflicts of interest to occur
• A lawyer must also maintain professional independence and a professional relationship with clients

Integrity and professionalism also include the cost of legal services. A criminal law firm must be transparent on fees and payment structure so you can make informed decisions on financial commitments. 

You will want to discuss payment upfront before signing any agreements. Whatever you decide to do, fees paid to your lawyer are an investment in the outcome of your case. 

Criminal defence lawyers must maintain professional boundaries and be mindful of situations where they can be exposed to information about potential criminal activities from individuals who aren’t clients. Even lawyers with the best experience need to be aware of their obligations.

If you’re looking for a successful lawyer with excellent communication skills who can support you with a favourable outcome, May Lawyers has the legal knowledge to support you. Our criminal lawyers help Frankston, Cranbourne, Dandenong, and other South Eastern Suburbs.

Reputable Criminal Lawyer for Melbourne Clients

Whether you’re dealing with theft, fraud and robbery, assault and violence, bail applications, or criminal trials, May Lawyers are compassionate, professional, and always strive to give you the best income. 

When it comes to losing your licence, reputation, and even your liberty, you need someone you can truly trust in your time of need. Available 24/7 for legal advice, Will May brings a decade of experience in criminal law and is one of the few recognised by the Law Institute of Victoria as an Accredited Specialist in the field. 
Contact us today for free, no-obligation legal support if you’ve been arrested.