Choosing a lawyer - how important is experience?
I've read several posts recently on choosing a lawyer. There's also an ongoing debate on marketing for lawyers - some who think its a good thing, and some who don't. The marketing debate seems to be divided between lawyers just starting out, and those with established practices. Predictably, lawyers who are already established tend to look down on marketing Obviously that is not always the case, because there are some established lawyers who aggressively market themselves. For the most part though, the more established you are, the less you rely on marketing.
You would expect lawyers with experience to emphasize that, and for the most part they do. The question for those choosing a lawyer is just how important is experience? For good lawyers, experience is valuable. I'm just starting my 28th year, and I like to think I've learned a few things over those years. However, just because you've been doing it a long time doesn't mean you have been doing it well. The legal system doesn't demand a lot from criminal defense lawyers, and average, or below average lawyers can get by just fine. The test for effective assistance is a "reasonably effective lawyer", which basically means someone who is average. You don't to try a case perfectly, or like a great lawyer would, to be effective. That comes as a surprise to most clients, because they expect their lawyers to more than reasonably effective.
For good lawyers, experience is an asset. Not only do you have the experience of handling all types of situations, you also have built up a reputation. There is no doubt that prosecutors make decisions based on the reputation of the lawyer they are dealing with. If it's someone they know always plead their cases, there isn't much incentive to offer a good plea. On the other hand, if it's someone they know is going to make them work for everything, and isn't afraid to take a case to trial, they are going to more inclined to offer a favorable resolution.
The unfortunate fact for clients is that they don't know what a lawyer's reputation is among other lawyers. There are a few high profile lawyers, who are familiar to a lot of people. For the most part they are good lawyers, but that is not always the case - they may just be better at generating publicity. Just because a lawyer successfully handled a high profile case doesn't mean he always does that. I've seen cases where high profile lawyers performed terribly. On the other hand, I've seen cases where those same lawyers performed miracles.
One of the drawbacks of being a high profile or successful lawyer is that you have a lot of clients. Unfortunately, that often means you have less time to spend on each case. Some lawyers handle it by adding staff, or additional lawyers, while others try to limit the number of clients. Even when you try to limit the number of clients its hard to say no to someone who you feel is getting screwed by the system. A lawyer may have the best intentions, and all the experience, but they also need the time necessary to devote to a case. I often look back longingly to when I first started. I didn't have many clients, so I could devote a lot of time to each case. I could spend hours working on the case, because I had the time to do so. Of course, a lot of that time was spent trying to figure things out. I was terrified of getting embarrassed in court because I didn't know some rule or procedure, so I tried to anticipate everything. Fortunately I no longer have to do that, which means I don't have spend as much time on each case - in other words, I don't have to re-invent the wheel each time.
In the end, experience is important, but shouldn't be the only thing you look for in choosing a lawyer. I think the intangible is how much a lawyer cares about their clients. Good lawyers view clients as more than dollar signs; they want to help the client first; that doesn't mean they will work for free, because they expect to get paid well for what they do. However, its a matter of priorities. The only way you can determine if a lawyer is truly interested in helping you is to spend some time with them; you should feel comfortable with them, and trust they have your bests interests in mind. After all, you are placing your life and future in their hands.
