The lawyer joke writes itself, so Brian Foley skips it and gets to the point in this video: the quality that separates a good defense lawyer from a bad one is whether they tell you the truth when the truth is bad news.
Red flags
- A guaranteed outcome at the consultation. No lawyer has seen the evidence at that point. A promise of dismissal is a sales pitch, and the Texas Disciplinary Rules prohibit it.
- No discussion of weaknesses. Every case has bad facts. A lawyer who only tells you the good ones is either not looking or not telling.
- Vague answers about the process. "Don't worry about it" is not an explanation of what a detention hearing or an ALR deadline is.
- A fee that depends on winning. Contingent fees are prohibited in criminal cases. A lawyer who offers one is telling you something about their ethics.
- Pressure to decide today. Legitimate urgency exists — deadlines, evidence — but it is explained, not used as a closing tactic.
What honest sounds like
"Here is what the State has. Here is what I think we can attack. Here is what I think a jury does with these facts. Here is what the offer is likely to be and what I would recommend if it comes. Here is what this will cost. I could be wrong about any of it, and I will tell you when I learn something that changes the picture."
Why honesty produces better results
A client who knows the real odds makes better decisions — about whether to fight, whether to do mitigation, whether to accept an offer. A client who was told the case was a sure win, and then hears at the fifth setting that they should take a plea, has been managed rather than represented.
Brian Foley and Luis Baez spent years as prosecutors evaluating cases realistically. They evaluate their clients' cases the same way. Call or text (713) 703-1718 for a free — and honest — consultation.