This note collects the considerations that public sources commonly cite when a defendant in a federal criminal case evaluates counsel. It is informational research only.
Factors That Recur in Public Sources
- Experience: familiarity with federal criminal practice, the Federal Rules of Criminal Procedure, and the United States Sentencing Guidelines.
- Subject-matter familiarity: experience with the specific offense charged and the district in which the case is pending.
- Fee structure: how fees are set, whether as a flat fee, hourly billing, or another arrangement.
- Communication practices: how the practitioner reports developments and answers questions.
The Statutory Right to Counsel
For defendants who cannot afford counsel, 18 U.S.C. § 3006A directs each district court to operate a plan for furnishing representation. The statute provides that
“the court shall advise the person that he has the right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain counsel.”
How to Evaluate a Practitioner
Readers may consult state bar directories, court dockets, and published opinions when evaluating any practitioner.
The Federal Criminal Law Review Desk does not recommend, rate, or refer attorneys. This archive publishes research only.