DWI in New Jersey
THE SMART CONSUMER
GUIDE TO NJ DWI LAWYERS
FOUR THINGS THAT YOUR
LAWYER MIGHT NOT WANT YOU TO KNOW.
By: Greggory M.
Marootian, Esq.
New Jersey DWI Defense
Lawyer
www.newjerseydwi.com
“An Educated Consumer is Our Best Customer” was the slogan used by Syms,
a successful NJ clothing retailer. Choosing a Lawyer for a NJ DWI charge
involves trying to become generally educated about a profession and
system which many people have limited knowledge of. The following is a
list of things that a lawyer might not want you to know.
1.
He Has Limited Knowledge Of New Jersey DWI Law.
Smart Money magazine published an article called “10 Things Your Lawyer
Won’t Tell You.” Among the 10 Things was that the lawyer does not know
the area of law for which he was hired. Below is an expert from the
article:
Ask an
attorney about anything outside his niche, and odds are he won’t know
much. Teacher Marie Karim learned that when she decided to sue the New
York City hospital where she had developed an infection and a hernia
during exploratory surgery in 1999. Karim hired Sheri B. Paige because
her mother had once consulted the Norwalk, Conn., lawyer about
collecting a debt. Karim says Paige assured her that she had experience
with medical malpractice cases.
More
than a year later, Karim says she discovered that Paige had virtually no
such experience and that she hadn’t even filed the suit. Worse yet, the
statute of limitations had run out. “I wanted to kill her,” says Karim,
who got $325,000 from Paige’s insurance company in 2002 with assistance
from a specialist in legal malpractice. Paige denies all wrongdoing and
blames the entire mess on Karim. But in November 2002, a Connecticut
lawyer grievance panel found probable cause to believe that Paige was
guilty of misconduct, and she was disbarred in 2005.
Moral of
the story: Karim should have hired an expert in the area of law she
needed—someone who does almost nothing but medical malpractice.
2.
He Has Never Actually Taken A DWI Case To Trial Or Has
Limited DWI Trial Experience.
Believe it or not, there are lawyers who handle DWI cases who have never
actually tried a DWI case. There are lawyers who have been in practice
for many years who have never even tried a single DWI case, or have only
tried a few DWI cases over their careers.
As much as a lawyer has been taught in school and from books, the simple
reality is that you cannot teach experience, and you cannot teach
expertise. I learned to drive a car in High School sitting at a
simulator, and then behind the wheel with a driving instructor and with
my father. There are simple skills (like turning the wheel, stopping,
and using the pedals and blinkers) that can be mastered during training.
However, the true “learning to drive” comes from years of being on the
road with other drivers, in varied weather and traffic conditions, and
even navigating around (and surviving) danger. Similarly, trying
numerous DWI cases gives a range of experience and expertise that simply
cannot be duplicated.
There are lawyers who have a lot of trial experience, but they have none
or little DWI trial experience. These lawyers may have tried injury
cases, contract dispute cases, even murder and other criminal felony
cases. They may even be “certified” criminal or civil trial lawyers.
But, their trial experience is in trials other than DWI trials.
I
am a baseball fan (Yankees for anyone who wants to know). In 2009, the
New York Mets placed Daniel Murphy, a natural third baseman, at
first base. Murphy, a very talented athlete, and a solid third
baseman, struggled at the new position. Baseball pundits, talking about
the switch and Murphy’s troubles, agreed that playing third base and
first based are markedly different positions requiring much different
skills. Despite his natural skills, Murphy’s lack of experience as a
first baseman caused him to flounder at the position. Similarly, trying
and focusing on DWI cases affords experience that cannot be duplicated
by trying other types of cases.
3. He Has Never Won
A DWI Case On Appeal Or Even Appealed A DWI Case.
Trying cases sometimes requires that an adverse verdict or ruling be
appealed. An appeal is a request to a higher court to change a lower
court decision. In a New Jersey DWI case, the Court structure is (from
bottom to top): (1) Municipal Court, (2) County Superior Court, (3)
Superior Court Appellate Division, and (4) New Jersey Supreme Court.
Appeals are intricate. Knowledge of the substantive law, experience in
actual DWI trials, and lastly, knowing the appeals process are
important.
4. He Regards Your DWI
Case As “Small Potatoes”, And Will Pass It Along To A Low Rung
Associate, Or Pay More Attention To His Bigger Cases.
Some firms that handle large cases (example, criminal felony type cases,
and large personal injury cases) also take DWI cases. Some regard a DWI
case as a “minor” case. Some will pass the case along to a young
inexperienced associate so that they can pay attention to the “bigger”
cases, or give the file less attention.
As you get “educated”
about the law, the process, and the legal profession, you should know
whether your attorney:
1. Has he tried at
least 100 DWI cases from start to finish?
2. Has won DWI cases
after a full trial?
3. Has won DWI cases
on appeal at the County level and in the Appellate Division?
4. Has written about
DWI Law?
5. Will be the attorney who will handle
your case?
Call
on New Jersey
DWI lawyer, Greggory M. Marootian when you need
experienced
professionals to give you the facts, and restore your integrity.
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