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Is My Lawyer Any Good?

How to tell if your federal defense attorney is actually ready to fight.

It's said you should hire a lawyer to watch your lawyer. Almost no one can afford that — so you need to know what to look for yourself. The difference between a prepared federal attorney and a coasting one can be measured in years of someone's life.

From Surviving Pretrial — "A lot of lawyers will tell their potential client that they are 'federal lawyers.' Or the prospective client will hear that the lawyer is the best in the area. Don't let such nonsense cloud your judgment. Assume the lawyer sitting in front of you has no idea how federal criminal law works and let him prove otherwise. If your gut says to leave, then leave."

Set for Sentencing · Featured Episode

"Is My Lawyer Any Good?" — Surviving Pretrial

Bilal Khan breaks down how families can tell whether their attorney is truly prepared to fight a federal case — and the warning signs when they're not.

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The Checklist

Six things to watch for.

Drawn from the lawyer chapters of Surviving Pretrial. Use it before you hire, and keep using it after.

  • Make them prove they know federal law.Assume the lawyer in front of you has no idea how federal criminal law works — and let them prove otherwise. "I'm a federal lawyer" and "best in the area" are sales lines, not proof.
  • Trust your gut.If your gut says to leave, then leave. You're choosing who holds your life in their hands.
  • Never hire sight unseen.It's common to let family find and hire the lawyer — but you need to be able to speak with that attorney candidly yourself before committing.
  • Don't hire out of obligation.If your family already dropped tens of thousands on a retainer, you'll feel pressure to stay. A paid retainer is not a reason to keep a lawyer who isn't right.
  • Slow down — there's time.Finding a lawyer feels like the most urgent thing in the world. It isn't. You'll be appointed counsel no matter what — even with money — so don't panic-hire.
  • Know your three options.Appointed counsel, privately retained counsel, or going it alone (pro se). Understand the trade-offs before you decide — the book breaks down all three.

This checklist is condensed from Surviving Pretrial for quick reference and is not legal advice. The book covers each point in full.

Go deeper

The full lawyer playbook is in the book.

Interview questions, the three types of lawyers, and what to do when you can't reach yours.