Choosing the Right Attorney for Self-Defense Cases: Factors and CCW Insurance
When it comes to cases involving self-defense and the use of deadly weapons, choosing the right attorney is a critical decision that can significantly impact the outcome of your potential legal battle.
How critical? Keep in mind that you cannot follow any of the advice in this article from jail.
Most of us do not reach out to a lawyer until we need one, which unfortunately for many is too late. Typically, we ask friends, family or business associates for a referral, but there is no guarantee that any particular attorney is qualified to represent you in a self-defense case, and even if a lawyer does have the expertise, there still may be another attorney that would better fit your needs and situation.
In this article, we cover the complexities of selecting the right attorney for your situation and discuss the role of having a knowledgeable party assist in this crucial choice. Additionally, we will delve into the role of CCW “Insurance” (legal defense plans) in paying for legal defense in self-defense cases.
READ MORE: Member Story: No Good Deed Goes Unpunished
Factors to Consider When Choosing an Attorney
- Jurisdiction. The importance of hiring an attorney familiar with the laws and legal landscape in your specific jurisdiction cannot be over emphasized. Remember, you will need expertise in the jurisdiction where charges are being brought or a civil suit is filed. Even if your favorite family attorney in Ohio is a good start, he or she may not be licensed to practice law in the jurisdiction where you are defending yourself. Put differently, you want to hire a local Attorney whose kids play sports with the Prosecutor’s kids, you want the Bailiff to know your lawyer by name and the judge to be familiar with your attorney’s accomplishments and reputation. The quality of these relationships can make a huge difference in the outcome of your defense.
- Specialization and Expertise. Evaluate whether the attorney specializes in criminal defense, civil defense, or both. look for experience in handling cases involving self-defense and weapons charges. This is critical, given the emotionally charged nature of the incident, an attorney experienced with these types of violent and traumatic events can help keep you on track and focused.
- Reputation and Track Record. Research the attorney’s reputation in the legal community and among former clients. Consider their track record of success in similar cases. Most attorneys are reluctant to post their win/loss records, because there are many variables out of their control, but be sure to at least ask them for their track record. Additionally, some attorneys may not be willing or able to provide specific statistics on their win-loss record due to confidentiality and ethical considerations.
- Knowledge of Self-Defense Laws. Assess the attorney’s understanding of self-defense laws in your jurisdiction, including Castle Doctrine, Duty to Retreat, and other relevant statutes. Not every jurisdiction treats these legal concepts the same and some may not have them. Be direct and ask potential lawyers about their ability to represent someone who is innocent, but for the fact that they committed what is otherwise a crime, in self-defense.
- Communication Skills. Effective communication between you and your attorney is crucial. Ensure your attorney can explain complex legal matters in a way that you can understand.
- Availability and Accessibility. Determine the attorney’s availability to handle your case promptly. Trial lawyers spend most of their time in court, so having a good support staff and paralegals is important for accessibility.
- Legal Fees and Billing Structure. Discuss legal fees upfront to avoid surprises. Explore payment options and consider the role of CCW Insurance in covering legal expenses.
- Courtroom Experience. Look for an attorney with a history of successful courtroom representation. Past trial experience in similar cases can be a significant advantage in both civil and criminal cases.
- Trust and Rapport. Establish trust and rapport with your attorney, as you will need a strong working relationship during your legal journey.
- Resources and Support Staff. Assess the attorney’s resources and support staff to ensure a well-prepared defense.
- Conflicts of Interest. Ensure that there are no conflicts of interest that could compromise your case. Ethically, the first thing attorneys are required to do is to check for conflicts, but it never hurts to ask if your potential lawyer has previously represented another party to your case, has a personal relationship with an involved party or manages a concurrent case that might affect the outcome of yours.
- Get References. Request references from previous clients to gauge their satisfaction with the attorney’s services. Call the references and check them before hiring any attorney.
- Legal Strategy. Discuss the attorney’s proposed legal strategy for your case and align your expectations. You are looking for an attorney who can logically lay out the legal process, the decision points at each stage, the risks involved at those stages and how he or she can mitigate those risks.
The Role of CCW Insurance (Legal Defense Plans)
CCW Insurance, or legal defense plans, can play a crucial role in your legal defense:
- A good legal defense plan, often referred to as “CCW Insurance,” should cover legal fees and related expenses, reducing the financial burden of your defense. There should be no obligation to pay anything other than your membership fee and/or costs not directly associated with your legal defense (e.g., travel to the courthouse, food, lodging, lost work time, etc.)
- Access to legal experts and resources that can strengthen your case.
- Choice of Attorney. The best CCW Insurance plans allow you to have the final say in choosing your attorney, ensuring you have confidence in your legal representation.
LEARN MORE: CCW Insurance Buyer’s Guide
The Second Call Defense Advantage
Second Call Defense covers all the factors for vetting attorneys in the event you need to call on us. We take the second guessing and uncertainty out of the process. We have successfully defended members in self-defense cases throughout the country and have connected our members with highly qualified attorneys that have done the same.
Second Call Defense offers comprehensive support for self-defense cases:
- Support “From Trigger to Trial”: Assistance throughout the entire legal process, including speaking with investigators, bail bonds, psychological counseling, firearms replacement and more.
- Nationwide Attorney Network Access: Access to an extensive network of attorneys across the country to ensure you can secure representation in the relevant jurisdiction.
- Local Attorney Referral within 24 Hours: Quick access to legal expertise in your area.
- Your Choice of Defense Attorney: You have the freedom to select the attorney you trust.
- Expense reimbursement. We pay for each day you spend in court to help mitigate lost work time and expenses.
- Expert Witness Coordination: Expert witnesses can be critical in building your defense, and Second Call Defense has relationships with seasoned experts who can testify to the facts and strengthen your defense.
- Vetting Process: Attorneys are carefully vetted and selected using our proven processes and relationships in the self-defense legal community.
- Existing Relationships in Multiple Jurisdictions: Access to legal expertise in various jurisdictions.
- You Get to Choose Your Attorney: The freedom to choose your preferred attorney.
- No Need for a CCW Permit: You don’t need a CCW Permit to qualify, even if your state requires one and coverage extends to the use of any deadly weapon (e.g., a knife, rock, hands, vehicle).
LEARN MORE: Member Benefits
Get Protected Today
Choosing the right attorney for self-defense cases is a complex process that requires careful consideration of various factors. From legal expertise to communication skills and trust, your attorney should meet specific criteria to ensure a successful defense. Additionally, CCW Insurance can provide financial and logistical support during your legal battle, giving you peace of mind.
Second Call Defense offers the most comprehensive, immediate up-front self-defense legal protection with nothing out of pocket, nothing to repay ever.
*Second Call Defense is not insurance and does not sell or promote insurance products. Second Call Defense is a membership organization that provides its members access to the “Second Amendment Support Foundation, Inc.,” which provides the means necessary to protect Second Call Defense members from the legal aftermath of exercising their right to self-defense. For an overview of the differences between Second Call Defense Member Benefits and traditional insurance, click here.
I haven’t had to use your services yet, but I’m glad to know you are backing me up.
Jim,
Before the need arises, we offer you the peace of mind that we stand ready to protect you.
Sean
Hello. Until reading this article, it was my understanding that Second Call would choose & provide the necessary legal defense. Is there a network for a member to peruse and do the research? Somehow I think you wouldn’t spring for a high powered, high priced attorney. Not asking for a Mark Garagose or a Rudy Gulliani but I’m confident your network has adequate knowledge and experience. I live in Nevada. Please advise how to identify my options. Am I limited to a network of attorneys or is it a monetary limit? Member #: 2705380. Merry Christmas.
Rod,
We give you a list of the best available attorneys in the jurisdiction where the incident occurred. All attorneys will be well qualified, it’s up to you who you choose. You can also choose an attorney not on the list. The choice is yours, of course we will be happy to give you all the information you need. The monetary limit is your plan maximum amount of available attorney fees.
513-463-0073 if you need to talk.
Rod,
The money available to you as a Member of Second Call Defense is available whenever the need arises. The decision of who you retain to represent you, is yours and yours alone. Second Call Defense will locate and vet the best attorneys available from the jurisdiction where the incident occurs, but in the end the attorney you choose is yours and yours alone. In short Second Call Defense will “spring” for the attorney you choose. Our mission is to provide you with the best defense available.
Should I contact a Second Call attorney prior to needing one?
Not necessary, plus how do you know in what jurisdiction you will need an attorney?
Gerald,
No need, see my response to Steven above.
Great advice as always!
Hello. Great advice in this email. I have 2 questions regarding obtaining an attorney. First, how can I obtain/get access to the list of referred attorneys in my jurisdiction from you? And secondly, when I see one on the list that I think is best for me, how should I go about lining him/her up ahead of time so that if & when the time comes, they are ready to jump into action for me? Thank you.
-Steven Adams
Member; ****0700
Steven,
There are many books and legal pundits that advise a person to find an attorney before they need one and establish a relationship with the attorney. In my view after 32 years of practicing law that is not in your best interest for the following reasons. On January 1, 2023, according to the American Bar Association, there were 1,331,290 active lawyers in the United States. To generate an up-to-date list of Attorneys, statistically would be impossible to create and maintain. Everyday Attorney’s die; are disbarred; retire; change practice areas, lose their ability, just to name some.
Further, unless you never leave home it is impossible to predict what jurisdiction you will use a firearm for self-defense in, so creating a list would be futile. For the best representation, you want the best attorney from the jurisdiction in which the incident took place. Additionally, if you are traveling, your Attorney “back home” may not be able to assist you in another state. Only if there are no qualified attorneys in that jurisdiction, would I advise seeking counsel from outside the jurisdiction.
In addition, it is very time consuming, and it takes many hours to properly create a vetted list of qualified attorneys. Hours to research the list, and then the time involved to speak with the attorneys on the list, on top of waiting for return phone calls. Understand, in an emergency, Second Call Defense will call cell phones and answering services to immediately contact and vet an attorney, but in a hypothetical situation, Second Call Defense cannot justify those actions. After considering that in 2023 the average rate for Attorneys was $575 for law firm partners and $385 for associates, with some attorney’s topping $1,000 an hour you can see that it is a costly endeavor that nobody will pay for.
After a Second Call Defense member uses a weapon in self-defense, and calls the emergency hotline to report the incident, Second Call Defense then immediately begins the process of locating the best Attorneys in the jurisdiction where the incident took place. The Attorneys that Second Call Defense draws from are chosen by using information from many different sources, in part, by their membership in NACDL, the National Association of Criminal Defense Lawyers, NACDL. We belong to NACDL, and nearly every respected Criminal Defense Attorney we know is members also. Members of NACDL receive many benefits, including the latest updates from case law to forensics. NACDL members are also privy to some of the best Continuing Legal Education available.
After we search for NACDL Members in the jurisdiction, we then compare the NACDL list against a list provided to us from Martindale Hubble. Martindale Hubble is the premier lawyers peer rated data base in existence today. Martindale Hubble offers us ratings on each attorney as rated by opposing counsel, and other Attorneys who practice alongside the Attorney rated. We obtain information related to areas of practice, years of practice, notable cases and more. We then use this data along with NACDL data to compile a list of qualified Attorneys. We then review any information available related to any disciplinary action taken against a listed attorney by the State Supreme Court of the jurisdiction in which the attorney practices. If we want more information, we will call local bar association, other practicing attorneys in the jurisdiction and even the County Prosecutors office and get their opinion of the “Best Attorney.” Also, on most occasions after a current list is researched and created the Attorney’s on the list are called and interviewed.
Essentially, our “Referral Network” includes all practicing Attorneys. Members are also free to research, interview, and then choose any Attorney with whom they are comfortable. We will research them to make sure they are qualified; however, the choice of Attorney is the Second Call Defense Members. Many Second Call Defense Members often are aware of the good Attorneys by reputation in their area already and are free to use those attorneys. The arrangement Attorneys have with Second Call Defense is that money will be advanced to pay for Second Call Defense Member’s defense, however, the attorney client relationship is the Second Call Defense Members alone. Initially, the most important part of your relationship with any Attorney is being able to pay your Attorney upfront.
We draw from a vast base of Attorneys throughout the United States, maintaining a list is too limiting. Attorneys, like all professionals, have their peak years of practice, a list grows stale, and our methods help assure the most current database of the most highly rated Attorneys still practicing. Members will get to choose from any of the best Attorneys in the area that the incident took place.
In short, that is why providing members with a hypothetical vetted list of Attorneys is ill advised, and one in which we generally do not provide.
Thank you for trusting me with your liberty, rest assured if the moment ever comes, I will make sure you will have access to the best criminal defense attorney available where the incident occurred.
Sean Maloney
Attorney at Law