Short answer
Ask who will handle your case and appear in court, how often that lawyer is in your court, exactly what statute you are charged under and what it carries, which deadlines are running now, what the fee covers and whether it will be in writing (MRPC 1.5(b)), and how you will communicate. Do not ask for a promised result: Michigan lawyers may not create unjustified expectations about results (MRPC 7.1(b)), and an honest one will not.
You are about to trust a stranger with your case
You have a consultation booked, or you are calling around. In the next hour you have to decide whether this is the person who stands next to you in court. Most people have never hired a lawyer and do not know what to ask, so they ask about cost and little else.
This page lists neutral questions anyone can ask any Michigan criminal defense lawyer, appointed or retained, with the reason each one matters and the kind of answer that should give you pause. It names no lawyer and recommends none. It is general information about Michigan law. Talk to a lawyer about your own case; the lawyer who sees your papers is the one to answer these questions for you.
Bring the documents listed in the sibling guide on what to bring to a first consultation; several questions below are easier to answer with the charging paper in hand.
| Question | Why it matters | An answer that should give you pause |
|---|---|---|
| Who will handle my case and appear at each hearing? | Continuity is a stated principle for appointed counsel (MCL 780.991(2)(d)); for retained counsel it is up to the agreement. | No clear name, or "whoever is available." |
| How often are you in this court? | Each West Michigan court has its own judges and habits on bond and scheduling. | A general answer about years in practice instead of this court. |
| What statute am I charged under, and what does it carry? | The subsection sets the maximum penalty and the court. | A penalty quoted without the section, or a guess. |
| What deadlines are running now? | Some run in 14 days, such as MCL 257.625f(1) and MCL 600.2950(13). | "Nothing until the next court date." |
| What does the fee cover, in writing? | MRPC 1.5(b) prefers a written fee basis; MRPC 1.5(d)(2) bars outcome-based fees. | A price that depends on the result, or no writing. |
| Which decisions are mine? | Plea, jury waiver and testifying are the client's decisions (MRPC 1.2(a)). | "Leave that to me." |
| Can you promise a result? | MRPC 7.1(b) bars creating unjustified expectations about results. | Any promise, or a percentage from other people's cases. |
Who will handle my case, and how often are you in this court
Ask who will actually prepare the case and who will stand with you at each hearing. In an office with more than one lawyer, those can be different people. For appointed counsel, the Michigan Indigent Defense Commission Act lists as a principle that the same lawyer continuously represents the client and personally appears at every court appearance, apart from routine matters (MCL 780.991(2)(d)). For a retained lawyer it is a matter of agreement, so get the answer into the fee agreement.
Ask how often the lawyer appears in the specific court your case is in. West Michigan has many district courts, each with its own judges, prosecutors and habits on bond, scheduling and pleas. This question is about recent, relevant experience in that building, not about years in practice.
Ask what happens if the lawyer is sick or in trial elsewhere on your court date. A clear plan is a good sign; a shrug is not.
What am I charged with, what does it carry, and what deadlines are running
Ask the lawyer to name the statute and subsection on your charging paper and to tell you the maximum penalty it carries. If the answer never names the section, ask again; the section is what sets the possible penalty. Ask whether the charge is a misdemeanor or a felony and which court decides it.
Ask what deadlines are running right now. Some are short and do not wait for the criminal case:
- In an OWI case where a chemical test was refused, a hearing must be requested within 14 days after the date of notice or the Secretary of State imposes a license suspension (MCL 257.625f(1)).
- A motion to modify or rescind an ex parte personal protection order must be filed within 14 days after service or actual notice (MCL 600.2950(13)).
- Bond conditions apply from the moment of release, and a court may revoke release and forfeit bond for a violation (MCR 6.106(I)(2)). Ask whether a motion to change the conditions makes sense under MCR 6.106(H)(2).
- Ask what the prosecutor has to turn over and when the lawyer will request it.
What does the fee cover, and will it be in writing
MRPC 1.5(b) requires a lawyer who has not regularly represented you to communicate the basis or rate of the fee, preferably in writing, before or within a reasonable time after starting. Ask for it in writing before you pay. MRPC 1.5(d)(2) forbids a fee that depends on the outcome of a criminal case, so a lawyer who offers a price that changes with the result is offering something the rules do not allow.
Ask what the fee covers and what it does not. MCR 6.005(H)(1)(a) describes a trial lawyer's responsibilities as including all trial court proceedings through initial sentencing, but a private agreement can be broader or narrower. Ask specifically about a trial, motions, a bond-review hearing, a probation-violation hearing, a Secretary of State license hearing in an OWI case, a PPO hearing and an appeal. Ask which costs are separate, such as investigators, transcripts or outside professionals.
Ask what happens if the case ends early or you change lawyers. MRPC 1.16(d) requires a lawyer to refund any advance fee that has not been earned. If a family member pays, MRPC 1.8(f) requires your consent and bars the payer from directing the case. This page states no fee figures; the amount is between you and the lawyer.
How will we communicate, and what do you need from me
Ask how you reach the lawyer, how fast a reply usually comes, and whether you will hear about every offer from the prosecutor. MRPC 1.4(a) requires a lawyer to keep you reasonably informed, respond promptly to reasonable requests for information, and tell you promptly about all proposed plea bargains. MRPC 1.4(b) requires enough explanation for you to make informed decisions.
Ask which decisions are yours. Under MRPC 1.2(a), in a criminal case the lawyer must follow your decision, after consultation, on the plea, on waiving a jury and on whether you testify. A lawyer who says those calls belong to the lawyer is describing a relationship the rules do not permit. The guide on plea vs. trial in Michigan explains the decision itself.
Ask what the lawyer needs from you and by when: documents, a written timeline, names of witnesses, and anything you should avoid doing, such as posting about the case or contacting anyone named in a no-contact order.
The question not to ask, and how to check a license
Do not ask a lawyer to quote a percentage of past results or to promise an outcome. MRPC 7.1(b) bars any communication about a lawyer's services that is likely to create an unjustified expectation about results the lawyer can achieve, and the comment to the rule says that would ordinarily rule out advertising a lawyer's record in obtaining favorable verdicts. Every case turns on its own facts, so a number from other people's cases tells you nothing about yours. An honest lawyer will say so, will describe what the statute allows a judge or prosecutor to do, and will explain what has to happen for each possible result. A promised outcome is the clearest red flag on this page.
Do check the license. The State Bar of Michigan's member directory at dir.michbar.org lets you look up any lawyer by name or P number and filter by license status. The Attorney Discipline Board, the adjudicative arm of the Michigan Supreme Court for lawyer discipline, lets you search by name at adbmich.org to see whether a lawyer's license has ever been affected by a discipline order. Both take a minute.
What to do next
Write your questions down and take notes on the answers. If the charge is domestic violence, OWI or criminal sexual conduct, the pillar guides have charge-specific lists: questions to ask a domestic violence defense lawyer, questions to ask an OWI lawyer and questions to ask about a CSC case.
If you cannot afford a lawyer, the same questions work for appointed counsel; the guide on retained and court-appointed lawyers explains how to ask the court for one. A lawyer matters most for your own case when a deadline is already running, when bond conditions are hard to live with, or when the charge carries jail.
The office of Attorney Shawn Haff, State Bar of Michigan P73994, practices criminal defense only, in Michigan state courts. His background and the courts where he appears are on the attorney profile, and the office offers a free consultation at 616-438-6719, answered 24 hours a day, or through the contact page.
Common questions
Can a Michigan lawyer promise a result in my case?
No. MRPC 7.1(b) bars a lawyer from communications likely to create an unjustified expectation about results the lawyer can achieve, and the comment to the rule says advertising a record of favorable verdicts would ordinarily cross that line. A lawyer can explain what the statute allows a judge or prosecutor to do, what the prosecutor must prove, and what has to happen for each possible outcome. A promise, or a percentage drawn from other people's cases, should make you cautious.
How do I check whether a Michigan lawyer is licensed?
Use the State Bar of Michigan member directory at dir.michbar.org, which lets you search by name or P number and filter by license status such as good standing, suspended or revoked. Then search the Attorney Discipline Board's records at adbmich.org, which publishes notices, opinions and orders by attorney name so you can see whether a license has ever been affected by discipline. Every Michigan lawyer has a P number; ask for it if you cannot find the listing.
Does a lawyer have to put the fee in writing?
MRPC 1.5(b) says the basis or rate of the fee shall be communicated to a new client, preferably in writing, before or within a reasonable time after the representation begins. The rule prefers a writing rather than strictly requiring one, so ask for it. MRPC 1.5(d)(2) separately forbids a contingent fee in a criminal case, and MRPC 1.16(d) requires a refund of any advance fee that has not been earned if the representation ends. This page gives no fee amounts.
Who decides whether I take a plea, the lawyer or me?
You do. MRPC 1.2(a) says that in a criminal case the lawyer shall abide by the client's decision, after consultation with the lawyer, on the plea to be entered, whether to waive a jury trial, and whether the client will testify. MRPC 1.4(a) also requires the lawyer to tell you promptly about every proposed plea bargain. The lawyer's job is to advise; the decision is yours.
Do these questions work for a court-appointed lawyer?
Yes. The Rules of Professional Conduct on communication, confidentiality and client decisions apply to every Michigan lawyer. Questions about fees change shape: ask instead whether the court may order you to contribute to the cost (MCR 6.005(C)). The continuity question has a specific answer for appointed counsel, because MCL 780.991(2)(d) lists the same lawyer appearing at every hearing as a principle the MIDC standards must follow.
Sources
- Michigan Rules of Professional Conduct, MRPC 1.2, 1.4, 1.5, 1.8, 1.16 and 7.1 · Michigan Courts
- MCL 780.991, Michigan Indigent Defense Commission Act: continuity of counsel principle · Michigan Legislature
- MCL 257.625f, Implied consent hearing request within 14 days · Michigan Legislature
- MCL 600.2950, Personal protection orders; motion to modify or rescind within 14 days · Michigan Legislature
- Michigan Court Rules, MCR 6.005(C), (H) and MCR 6.106(H), (I) · Michigan Courts
- State Bar of Michigan, Member Directory · State Bar of Michigan
- Michigan Attorney Discipline Board · Attorney Discipline Board
Legal information, not legal advice. This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Check the sources linked above and talk to a licensed Michigan attorney about your own situation. In an emergency, call 911.