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Private Attorneys

A Private Attorney is a licensed member of the San Andreas Bar who provides legal representation independently from the Public Defender’s Office. Citizens and businesses may retain private counsel for criminal, civil, administrative, or other legal matters permitted by law.

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Services Provided

Depending on their practice, a private attorney may assist with:

• Criminal defense;
• Court representation;
• Legal consultation;
• Contract disputes;
• Business matters;
• Property disputes;
• Expungements;
• Appeals;
• Negotiations;
• Government proceedings;
• Civil disputes; and
• Other lawful legal matters.

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Criminal Representation

A person accused of a criminal offense may retain a private attorney to represent them. Private defense counsel may:

• Review criminal charges;
• Advise the client;
• Review evidence;
• Attend questioning when legally permitted;
• Negotiate with prosecutors;
• File motions;
• Challenge evidence;
• Represent the client during hearings;
• Conduct trial advocacy; and
• Advocate during sentencing.

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Selecting an Attorney

Clients are responsible for selecting an attorney who is appropriately licensed and willing to accept their case. Before retaining an attorney, a client may wish to discuss:

• The type of legal matter involved;
• The attorney’s availability;
• Expected services;
• Potential conflicts of interest;
• Legal fees; and
• The scope of representation.

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Attorney Fees

Private attorneys may establish reasonable fees for their legal services. Fee arrangements should be communicated clearly between the attorney and client. Attorneys should not use misleading or coercive practices when establishing fees. Payment of an attorney does not guarantee a particular judicial outcome.

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Attorney-Client Confidentiality

Confidential communications between a private attorney and their client are protected to the extent provided by law. An attorney should not disclose protected client information without authorization unless disclosure is legally required.

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Conflicts of Interest

An attorney should not accept or continue representation when a substantial conflict of interest prevents loyal and effective representation. Potential conflicts may include:

• Representing opposing parties;
• Representing multiple defendants with conflicting interests;
• Significant personal involvement in the matter;
• Prior representation creating conflicting obligations; or
• Another circumstance that materially compromises representation.

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Changing Attorneys

A client may generally replace private counsel. When an active court case is pending, substitution or withdrawal of counsel may require notice to or approval from the court. Changing attorneys does not automatically delay a scheduled proceeding.

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Attorney Conduct

Private attorneys appearing before the Judiciary are expected to:

• Follow lawful court orders;
• Act professionally;
• Avoid knowingly false statements;
• Preserve client confidentiality;
• Avoid obstruction of justice;
• Respect evidentiary and procedural rules; and
• Remain within the lawful scope of representation.

Violations may be referred to the San Andreas Bar Association or Judiciary for review.

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Finding an Attorney

Licensed attorneys may be identified through records maintained by the San Andreas Bar Association. Only attorneys whose license is active and in good standing should provide legal representation before the courts.

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Related Resources