Client Intake Form Criminal Defense: Fill & Download for Free

There are three main reasons in my experience, two of which are somewhat understandable (though unacceptable, in my opinion), and one that is simply bad business.Going in order, it may be the case that a lawyer is simply too busy to take time to handle additional client intakes. It’s true that a significant percentage of potential client calls will not result in new business, and some are a total waste of time, so I can understand some lawyers saying “I just can’t get to this right now” when they’re swamped. However, new business has to come from somewhere, and it doesn’t get much easier than talking to the people who have already sought you out. Personally, even though I have a very busy practice, I have never been too busy to talk with a potential client—usually on the spot, and certainly within a day or so. I’ve taken calls late at night, on weekends, during holidays and vacations, in foreign countries, etc., because I don’t ever want to lose a client’s trust or potential business. And if I was somehow occupied, such as being in trial, I would ask a partner or senior associate to handle. Now obviously, I’m a workaholic, and I understand that some people value their free time more than I do. But even if someone just doesn’t want more business at the moment, referring a matter to a respected colleague can still prove worthwhile, as that colleague may be in a position to refer you business down the road. A potential client call could waste 30 minutes today, but might lead to thousands or even millions of dollars of work in time.Second, a client message regarding a potential case will sometimes contain enough information that it’s clear the lawyer/firm won’t be a good fit. Rather than conducting a targeted search, some people will call everyone in town that’s on a “good” list. And so yes, I sometimes get calls about tax questions or low-level criminal defense that my shop doesn’t handle. Some lawyers may decide that if they know the case isn’t a fit, it’s a waste of time to follow up. But again, that’s playing the short game; sometimes, it turns out that a client doesn’t really understand the nature of their dispute, their description is inaccurate, and there actually is a case there. And sometimes, the case is legitimately a poor fit, but again, you can help the would-be client by putting them in touch with a good lawyer who does handle such matters; as noted above, that lawyer may think of you down the road when they have a case they can’t handle. I’ve even had situations—sometimes years after I spoke with someone—in which people called about working on a new matter because even though we couldn’t work together the first time, they appreciated my treating them with respect, listening to their problem, and referring them to someone who could help, as they didn’t know how to navigate their issues. Hell, I’ve even gotten a couple decent cases from people who heard nice things about me from people/companies I couldn’t represent. People have long memories when it comes to how they are treated, so treating people well is never a bad idea.And finally, some lawyers are just atrocious when it comes to customer service, and it’s usually across the board. There are some lawyers who aren’t “people persons” and who will be bad at talking to potential clients; they also tend to be bad at talking with existing clients, bad at talking with the court and the other side of a dispute, bad at getting bills out on time, etc. It’s a problem in our industry, so if someone doesn’t call you back within a few days, you should consider yourself lucky for having been spared what likely would have been a hellish experience.

Is it just me or does anybody else find it disturbing when you hear of a criminal defense lawyer who has never lost a case? Doesn't this suggest that there is something wrong with the legal system? Surely, some of their clients are actually guilty.I’ve read the other answers — most of which are well on point — and just want to add my two cents.First, it depends on how you define “never lost a case.”How is that operationalized? Does it mean, only those cases that the lawyer took all the way to a jury verdict of “not guilty?” Does it include those which were lost at trial, but reversed on appeal? Or does it include cases where the client agreed to accept a plea bargain and plead guilty to a lesser charge in order to avoid more serious charges, and potentially greater punishment, if he went to trial? Does it include cases where the verdict was “not guilty by reason of insanity” which maybe avoided the death penalty and a criminal conviction but nevertheless allowed the client to be confined, indefinitely, to involuntary psychiatric inpatient status, which for some is worse than jail?Second, it depends on how you define “lost a case.”What is the operationalized goal of the representation, as agreed in advance between the lawyer and client? Does only a complete acquittal of the client count, or does the client not mind what the paperwork against him says as long as he avoids: (A) the death penalty, (B) a lengthy prison sentence, (C) any jail time at all, (D) any fine at all, (E) a non-expungeable criminal record?Third, it depends on how you define “a case.”Again, how is this term operationalized? Does it include every client who walks in the door, and pays a consulting fee, including those whom the lawyer decides not to handle because the chances of success in reaching the goals defined by the client are too small? Does it include those where a client hires the lawyer to negotiate the best deal he can get, and has no intention of ever standing trial? Or does it include only those matters that actually go to a contested trial?Here’s the thing about trial success — not only for criminal, but civil trial lawyers too. The lawyer has multiple opportunities to bail out if it looks like a case is going to be a “loser” — or, as better phrased, “it would not be economically feasible for our firm to continue to handle your case.” This can happen:When the client first calls to inquire about representation (either in person, or over the phone). The lawyer gets to pick and choose which clients’ cases he will agree to handle.When the lawyer has investigated and knows more about the client’s case facts, beyond just what the client told him during intake. Sometimes, this occurs after the client has paid a fee for such investigation, but before the lawyer has formally entered an appearance in any court proceeding.After the arrest, complaint, or indictment, if a client (involved in shady but not-necessarily-illegal activities, for instance) whom the lawyer had represented for advice-giving purposes prior to formal charges being brought, later gets formally accused of a crime.After the arraignment, if the lawyer does not succeed in challenging the prosecution’s probable cause to get to trial, on a motion to dismiss.At trial, if an irreconcilable difference arises between lawyer and client over how to handle the case. Often, it is the client who fires the lawyer, at that point — possibly because the lawyer wants the client to accept a plea bargain, after seeing how the evidence is turning out, and the client refuses (as is the client’s right, always).After trial, while the right of appeal is still active, but before an appeal is taken, handing off the ultimate success or failure of the case to someone else. Even if the trial resulted in a “guilty” verdict, can the lawyer claim he “never lost a case” if he withdraws from the representation while there is still even a slight hope of ultimate success on appeal? I don’t know. You tell me. We’re talking about advertising claims made by certain lawyers which must have at least a tiny grain of truth to them, or else the lawyer will get in trouble with his jurisdiction’s attorney disciplinary board for an ethical violation. This is one way to avoid that and still claim he “never lost a case.”The easiest and most widespread way to assure one never loses a case is to first, make the initial selection wisely, picking only those very likely to be winners; and second, to bail out of the case if and when it appears that the initial assessment is flawed, and that the case is going to turn out worse than expected. Of course, defining a “win” in realistic terms is also important to such scorekeeping; for most defense lawyers, avoiding a death penalty in a capital case counts as a “win,” even if the client gets a life sentence instead. Getting probation, instead of jail time, or even just getting reduced jail time, counts as a “win” in smaller cases. And so on.As long as the client is happy with the outcome, many lawyers count that as a “win,” too.Lawyers who are willing to take risks for a client, are going to see a “guilty” verdict in at least some cases, over the course of a long career. The chances against that are astronomical.It all depends on how you define a “win” or a “loss.”

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