Legal Question in Criminal Law in Florida

Is it possible to find out an approximate win/loss ratio of a specific attorney? The area is criminal law and the location is Indian River County, Florida.

Thanks.

Susan M. Bailey

Vero Beach, FL


Asked on 2/16/11, 11:01 am

1 Answer from Attorneys

Don Waggoner Don Waggoner Law, P.A.

What difference does it make? The win/loss ratio of a criminal defense attorney is not necessarily relevant to his abilities or skills as a trial attorney. Whether or not to go to trial is always the decision of the defendant. In many cases, the offer made by the state is the worst that could happen anyway, so the case goes to trial, hoping for a mistake by the state, a no show by a witness, or a jury pardon, even though there is no real hope of winning the case with the known evidence. So chalk that one up as a loss for the attorney. In addition, juries are unpredictable, even with the most favorable evidence. I have won several trials I should have lost, and lost a few I should have won, not because of bad or good trial skills, but because that's the way the jury saw it. What you really want to know is if the attorney is willing to go to trial and does so often, if he/she must. You want to know if the prosecutor respects the attorney for his negotiating skills and his trial skills. You want to know if the attorney more often than not gets satisfactory or better than expected results for the client. Choosing a lawyer based on winning percentage is a bad way to choose a lawyer.

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Answered on 2/16/11, 11:36 am


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