Will Hiring a New Atlanta DUI Lawyer Help Get a Different Outcome

Posted by Richard Lawson | Jun 25, 2014 | 0 Comments

People represented by another lawyer call me almost every day.  Sometimes the caller is someone that I spoke to before he or she decided to retain different counsel.  It's surprising that I usually remember the people who call my office, and that I tend to remember the facts and circumstances of the case.

So, for whatever reason, people are unsatisfied with their DUI Lawyer in Atlanta.  It's usually not personal.  People have a great deal riding on the outcome of their case.  Some lawyers also need a primer of good customer service.  Clients deserve to know what is going on in their case.

The decision to hire new counsel is the client's alone.  However, that decision is oftentimes made irrationally.

People see online reviews and speak to others who have been charged, and, as a result, cannot understand why a proposed outcome in their case is more severe than that received by others they perceive as similarly situated.

The key word in the discussion is the client's perception because no two cases are similarly situated.  Hundred of different permutations affect the potential outcome a case.

Those factors include (but are not limited to):

  • The manner of the driving in the case;
  • whether the accused submitted to field sobriety testing;
  • whether the accused took a chemical test of their blood, breath, or urine;
  • the actual reading on a person's chemical test;
  • the accused's prior criminal history, or lack thereof;
  • the county or city in which the offense occurred (some jurisdictions are more lenient);
  • the individual personalities in the case and their individual positions on the case, including the judge, the prosecutor, the defense attorney, and the arresting officer;
  • the ever changing laws that make DUI Penalties more severe year after year.

As a result, no two cases are alike. The fact that someone else's case received a particular outcome has exactly nothing to do with the outcome in any future case.

More importantly, no person can force another person to agree with him or her.  This simple reality is lost on many.  If the prosecutor disagrees with a defense attorney, the defense attorney cannot force the prosecutor to do anything or agree to anything. This means that some cases cannot be settled by agreement.  Sometimes the parties cannot settle the case.  Sometimes positions of the case are so divergent that the only potential outcome is to have a trial.  That is why our society has jury trials.  A jury is the final decider as to the guilt or innocence of the accused.

So, the moral of this story is that not every attorney is for every situation.  You need to have confidence in your attorney's skills and desire to help.  You should receive good customer service and have your calls and emails returned promptly.  That being said, your attorney cannot force the prosecutor to do anything.  He or she can advocate on your behalf, and if necessary, prepare to fight your case in court.

Finally, as a policy, our office does not provide consultations to those already represented by another Atlanta DUI Attorney.  If unsatisfied with your Atlanta DUI Lawyer, you need to release the attorney and pick up your file.  Never forget that the file is your property and cannot legally be withheld from you, even for failure to pay fees and expenses.  Once you have decided to go in another direction, call us to discuss your case.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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