How To Choose the Right Attorney for Civil Police Misconduct Cases

You strongly suspect that a police officer violated your rights during a traffic stop. You know you need legal advice but are unsure where to begin. Police misconduct is an unfortunate reality, but there are steps victims can take to ensure that bad actors within law enforcement are held accountable.

This article provides helpful tips for choosing a police misconduct lawyer and questions you can ask any potential lawyers. After reading this article, visit the LawInfo directory to find a lawyer specializing in police misconduct. 

What Is Police Misconduct?

Law enforcement officers must follow the U.S. Constitution, federal law, state law, and department regulations. An officer commits police misconduct when their failure to follow these rules results in death, injury, or a violation of civil or constitutional rights. For example, illegal searches and seizures violate Fourth Amendment rights, as does the excessive use of force.

Police misconduct cases raise many legal issues. Some common legal claims in police misconduct lawsuits include: 

• Excessive force (police brutality)
• False arrest 
• Denial of medical treatment
• Racial profiling or discrimination 
• Sexual assault or harassment 
• Unreasonable searches and seizures

Death raises additional legal issues. When a police shooting or other police misconduct causes a death, the surviving family members can file a wrongful death claim for the loss of their loved one.

How Can a Lawyer Help Me with My Police Misconduct Case? 

Lawyers help victims of police misconduct in many ways. An attorney can: 

• Review your case for civil rights violations
• Explain your legal options
• Develop a legal strategy 
• Investigate police officers and law enforcement agencies
• Draft and file any necessary legal motions
• Negotiate a settlement on your behalf 
• Go to trial, if necessary 

How Much Does a Police Misconduct Attorney Cost?

Most police misconduct lawyers use contingency fee arrangements. In a contingency fee agreement, the attorney doesn’t collect any money from you upfront. Instead, the lawyer agrees to take a percentage (usually around 33%) of anything you win. In addition to the 33% fee, lawyers usually deduct expenses such as filing fees, travel costs, and photocopying from any recovery.

However, you may be able to avoid paying attorney’s fees altogether. Federal law allows courts to award attorneys’ fees to the winner in certain civil rights cases. If your case qualifies, the court could order the offending officer or police department to pay your legal bills. Be sure to ask your police misconduct lawyer about this possibility. 

What Factors Should I Consider When Choosing an Attorney for My Police Misconduct Case?

Before making a decision, you should meet with several attorneys. Here are a few things to consider when deciding which attorneys to contact. 

Experience 

Look at how many years the lawyer has been practicing. Specifically, look at how long they have been handling police misconduct cases. 

Practice Area

A practice area is the area of law where a lawyer specializes. Police misconduct is a common subspecialty for civil rights attorneys. 

Look for an attorney who handles police misconduct cases regularly. This way, you’ll know they’re up to speed on the latest legal developments in police misconduct.

Firm Size

Cases with multiple legal claims or defendants usually need more resources. A larger firm might be a better fit if you have a complex case. 

Client Reviews

Client reviews can give you insights you won’t find on an attorney’s website. Pay special attention to negative (or positive) comments about the lawyer’s communication style or billing practices. 

Discipline

Lawyers must follow many ethical rules. If they break these rules, they can be punished. You can find a lawyer’s disciplinary history by visiting the state bar’s website. 

What Questions Should I Ask Before Hiring a Police Misconduct Attorney? 

As you meet with attorneys, be prepared to ask them questions. Here are a few common questions to get you started: 

• How many police misconduct cases have you handled? 
• Is police misconduct your primary practice area? 
• What is your track record in cases like mine? 
• Who will do most of the work on my case?
• How much do you charge for your services?
• Will I be responsible for paying costs and expenses if I win?
• What’s the most likely outcome in my case? 
• How long will it take to resolve this case? 
• Will we have to go to trial? 
• Have you ever taken a case to trial before?
• If we have to go to trial, what’s the likelihood of success? 
• How much do you think my case is worth?
• How often will you communicate with me about the status of my case?

As you meet with potential lawyers, the most important thing to note is how you feel when talking to them. Attorney-client relationships rely on trust. If you don’t feel good about a lawyer, feel free to meet with another one. 

Where Can I Find a Police Misconduct Lawyer? 

Finding a qualified police misconduct lawyer can be challenging. Hopefully, the tips in this article will make the process much simpler. LawInfo also makes it easy to start your search. Use the LawInfo directory to find a police misconduct attorney near you.