Donald H. Heller, A Law Corporation
Sacramento White Collar Criminal Defense Attorney Frequently Asked Questions

Two questions that I am asked most frequently are:

1. How do I select a lawyer to represent me in a matter that has serious consequences?

1. Interview several competent lawyers, but make sure the lawyers interviewed have the training and experience to represent you in the type of matter in which you seek assistance;
2. Ask the lawyer interviewed about their experience and most importantly, if the case might have to be tried, whether the lawyer has ever tried a case and if so, how many. Make sure you ask the names of the cases, where the cases were tried and the result. Do not be taken aback by a lawyer who claims he or she was insulted by your inquiry; lawyers who have actually tried cases will have no problem answering such questions, lawyers who have not tried cases, will provide diversionary answers – remember that you should not be providing a training exercise for an inexperienced lawyer on your dollar;
3. Ask questions about fee arrangements and how the lawyer plans to staff your case; and while it is always difficult to predict the cost of litigation in advance, most lawyers who have had experience can provide estimates of the cost of litigation through its multiple phases. A misunderstanding regarding the cost of litigation is probably the most prevalent complaint one hears as to strained attorney/client relationships;
4. Most importantly, you must feel comfortable with the lawyer you select, assuming equality of training, intellect and experience. Comfort with a lawyer is extremely important when you embark on a litigation journey which is guaranteed to be at times stressful, agonizing and expensive; and finally,
5. Beware of guarantees. Only inexperienced or deceitful lawyers will provide a guarantee; if a lawyer does guarantee a result, have the lawyer put the guarantee in writing.

2. Should I talk with a police or other law enforcement officer or investigator who wants to ask me a few questions and has told that I really did not need a lawyer?

Prisons are filled with people who spoke with police officers and federal agents who “wanted to help and get their side of the story”. Every person has a constitutional right to counsel and a right not to incriminate himself or herself. One of the most important aspects of a criminal case occurs before a lawyer is engaged, that is when a subject of an investigation is approached by a law enforcement officer. A lawyer will know whether you are one who should speak or remain silent. Before you speak you are the master of your words, once you speak, you may well become a slave to your words.