How to Choose a Dallas White Collar Crime Defense Attorney

By Staff Reporter Apr 30, 2020 03:10 PM EDT

Special thanks to the white collar criminal defense team at Oberheiden P.C. for their help with this article.

Choosing the right lawyer to defend you in white-collar criminal action can seem like a daunting task - after all, what constitutes the "right" lawyer? Being under investigation for or charged with a white-collar offense can be an overwhelming and frightening experience. The first step you should take is finding a lawyer; however, there are several factors you should keep in mind and consider when selecting who to represent you. The following list can help you narrow down your search for the "right" Dallas, Texas white-collar defense attorney -

1. Specialization Matters

Simply running a search on Google for a criminal defense attorney will not likely yield you the right attorney for your situation. Most criminal defense attorneys practice in state court, handling cases such as murder, robberies and assaults. Though these types of offense necessitate the use of a defense attorney, you do not want an attorney who specializes in state court defense. The vast majority of white-collar crimes are prosecuted in federal court; thus, you need an attorney who specializes in federal court proceedings. There is a vast difference between state and federal court - both substantively and procedurally. Federal court proceedings can be very nuanced and require a different approach than proceedings in state court. Look for a Dallas attorney who has experience defending federal court matters and the best-case scenario would be to find a Dallas attorney who specializes in defending cases involving federal law. Being charged with a white-collar offense can have severe consequences for both your financial and reputational well-being - do not leave your defense in the hands of a state court defense attorney who does not understand these consequences.

2. Reputation. Integrity. Commitment.

An attorney's reputation matters, and this reputation can often be the difference between a positive or negative outcome of a case. Seek a Dallas white collar crime attorney who has experience in the jurisdiction in which your case is being handled. An attorney who is familiar with and has previously worked with the US Attorney's Office in your case's jurisdiction is beneficial. An attorney who has cordial relationships with the opposing government entity can be advantageous as this civility can aid in more effective communication and effective positive resolution discussions. Of course, in addition to having a stellar reputation, you want an attorney who has integrity and will be committed to achieving the best possible result for you. Even the best attorneys cannot change bad facts (if they exist in your case), but engaging an attorney with integrity will allow you the comfort of being able to trust your attorney to advise you properly, whether that advice is to entertain potential plea negotiations or to take your case to trial. The right attorney for you will analyze all facts in your case, address any concerns you may have and then develop a defense strategy that is aligned with the best possible outcome given the circumstances of your case.

3. Is My Attorney Local?

If you are based in Dallas, Texas and charged with a white-collar offense, you want an attorney who is also based out of Dallas. Having a local attorney allows you to meet face to face with your attorney on a regular basis. Having this "facetime" with your attorney is critical to developing a confidence in your attorney. A local attorney should make time for you as a client and meeting in person builds trust - trust that you simply cannot get just by speaking on the phone or over email. Having a local attorney also makes the exchange of information easier. Often, white-collar offenses involve a substantial amount of documents to review and it is easier to have your attorney come to your place of business to review these documents, rather than trying to collect them all and then send them to your attorney via mail or the internet.

4. Who Will Handle My Case?

Only the defense attorney you choose should handle your case. Often, law firms will have paralegals or secretaries doing legal work on your case. When choosing your Dallas white collar crime defense lawyer, make sure to inquire what, if any work on your case will be done by other individuals in the firm. Of course, administrative tasks such as filing court documents and calendaring court appearances can be done properly by non-legal professionals, but your lawyer should be doing all the legal work in your case him or herself. You are trusting your attorney with aspects of your livelihood - your attorney should resect this and ensure all work completed in your case is done with regard to the highest standards.

5. Can I Get A Detailed Track Record?

As discussed previously, you want a defense attorney with a proven track record. While no two cases are the same and an attorney's past results do not guarantee future results, your attorney should be open to discussing cases he or she has handled in the past. You need to select an attorney who has experience handling cases similar to the one you are being charged with. An attorney who has a detailed track record of success in white collar defense will be more likely to achieve a positive result in your case since he or she is familiar with the complexities and nuances that a federal defense requires. As a client, you deserve a specialist who knows your industry.

6. What is the Fee Structure?

Generally, there are two types of fee structures - hourly and flat. Hourly fee structures are where you and your attorney agree on a set rate per hour of work completed by your attorney. Your white collar criminal defense attorney will then send you detailed invoices documenting all work done in your case broken out in increments of time. A flat fee is an agreed upon fee at the onset your case that will suffice as a total amount to be paid to your attorney for his or her representation of you. Both hourly and flat fee structures are proper and a fee structure is often chosen based on the needs of the client. Whether you and your attorney agree to a flat fee or hourly billings, make sure you are aware of all the details of what your fee covers. For example, your attorney may negotiate a flat fee payment for all pre-trial work in your case but will require an additional flat fee payment if your case goes to trial. Again, fees can be structured in numerous ways and as a client, it is best practices to be fully informed of what you are paying for. If your attorney is not upfront with how he or she requires fees to be paid, this is a red flag and you should engage an attorney who understands your need to know how your money will be spent.