1. Genuine, Focused Experience in Your Specific Charge
When you are searching for representation, the first thing to look for is genuine, focused experience in the specific type of case you are facing. Ask attorneys you consider:
- How many cases like yours have they handled?
- How many trials have they personally handled?
- In what courts do they appear regularly?
- How familiar are they with the prosecutors and judges in your jurisdiction?
The answers will tell you a great deal. Some lawyers are good marketers but not good lawyers. Direct, specific questions cut through the marketing.
The question of specialization is particularly important in OUI cases. OUI defense involves field sobriety testing protocols developed by the National Highway Traffic Safety Administration, breathalyzer science and the specific technical vulnerabilities of the machines used in Massachusetts, blood draw and chemical testing procedures, and a body of case law specific to Massachusetts courts. An attorney without deep familiarity with all of these areas is at a significant disadvantage in defending an OUI case, regardless of how competent they may be in other areas of law.
Attorney Milligan’s board certification in OUI defense reflects the fact that he has met a documented standard of expertise in this specific and highly technical field — and has trained all attorneys at our firm on these topics. This is not a formality; it reflects years of focused study and practice.
2. A Genuine Willingness to Investigate
Every criminal case has a factual story behind it, and that story is almost never the same as the one the police report tells. An effective defense attorney does not simply accept the government’s version of events. They investigate independently.
They review police reports, surveillance footage, witness statements, forensic evidence, and anything else relevant to the facts of the case. They look for inconsistencies, procedural errors, constitutional violations, and factual disputes that can be used to challenge the government’s case. This kind of investigation takes time and effort, and not every attorney is willing to invest it.
When you speak with a potential attorney, ask them specifically: How do you approach the investigation of a case like mine? The answer should be specific, not vague. An attorney who describes a detailed, proactive investigative process is a different kind of advocate than one who speaks generally about “reviewing the evidence.”
3. Strong, Consistent Communication
Communication matters enormously, and it is something clients consistently identify as a source of dissatisfaction when they feel let down by their representation. You have a right to understand what is happening in your case. You have a right to hear from your attorney in a timely manner. You have a right to have legal procedures explained to you in language you can understand.
An attorney who is too busy to return calls, who uses jargon without explanation, or who treats you as a passive recipient of their legal wisdom rather than a partner in your own defense, is not giving you the representation you deserve.
Pay attention in your initial consultation to whether the attorney listens carefully, explains things clearly, and treats you with genuine respect. These qualities, which are observable even in a first meeting, tend to predict how the attorney will communicate with you throughout the case.
4. Honest, Realistic Assessment
A good criminal defense attorney will tell you the truth about your case — including the parts that are difficult to hear. They will explain the strengths and weaknesses of your situation honestly. They will give you realistic expectations rather than promises designed to win your business.
They will tell you when a case is likely to resolve through a plea agreement rather than at trial, and they will explain the reasoning behind that assessment. They will tell you when they think trial is the right strategy, and they will explain why. The ability to trust what your attorney is telling you is foundational to the entire relationship.
5. Clarity About Fees
Legal fees for criminal defense work can vary significantly, and understanding what you are paying for — and what is included in your representation — matters. Ask about:
- Flat fees versus hourly billing
- What is included in the quoted fee
- What additional costs might arise
- How payment arrangements work
A reputable attorney will answer these questions clearly and provide you with a written fee agreement. Be cautious of attorneys who are vague about fees or who seem reluctant to put the terms of your arrangement in writing.
What About Public Defenders?
If you qualify financially for a public defender, you are entitled to one under the Sixth Amendment to the United States Constitution, and Massachusetts has a system of appointed counsel that includes both public defenders employed by the state and private attorneys appointed through the Committee for Public Counsel Services.
Public defenders in Massachusetts are often hardworking and talented lawyers who are genuinely committed to their clients. The significant limitation is not quality but quantity: public defenders typically carry very heavy caseloads, which necessarily limits the amount of time and attention they can devote to any individual case. If you have the means to hire private counsel, doing so generally allows for a level of individual attention and case investment that is difficult to match in a public defender context.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
Watch our firm video: https://www.youtube.com/watch?v=jx-X_9CssZo&t=2s
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
