If you own or carry a firearm for self-defense, choosing an attorney is not something you want to figure out for the first time after a critical incident.
The attorney representing you may be responsible for protecting your freedom during one of the most stressful periods of your life. Ideally, look for a criminal-defense attorney with meaningful experience handling self-defense and firearms-related cases. Just as importantly, identify your options before you ever need to make the call.
Key Takeaways
- Look for a criminal-defense attorney whose actual experience includes self-defense, firearms or use-of-force cases.
- Relevant trial experience, communication and familiarity with firearm-related evidence can matter more than years in practice alone.
- Research more than one attorney before an emergency so you can compare experience, judgment and communication.
- USCCA Members can consider USCCA Law or another attorney, including an attorney from the USCCA Attorney Network.
For USCCA Members, that landscape changed with the creation of USCCA Law, an independent law firm focused exclusively on self-defense. Whether you are a USCCA Member or simply researching attorneys on your own, knowing what to look for — and what questions to ask — can make that decision much easier.
Choosing a Lawyer After a Self-Defense Incident
You probably would not call your real estate attorney to defend you against a serious criminal charge. Nor would you want the lawyer who handled your divorce stepping into a self-defense trial merely because his or her name is already in your phone.
Legal practice is specialized.
A general practitioner may be perfectly capable in the areas he or she regularly handles, but a serious criminal case involving a firearm calls for someone whose experience fits that problem.
Ideally, the attorney should have substantial criminal-defense experience involving firearms and self-defense. However, in some rural communities, finding someone who handles nothing but firearm-related self-defense cases may not be realistic.
The point is not that every qualified lawyer must have an exclusively self-defense practice. It is that you should understand how much of the attorney’s actual work resembles the problem you may be asking that lawyer to solve.
The number of years someone has held a law license tells you less than the amount of relevant work that person has actually done.
Why Firearms Experience Matters in a Self-Defense Attorney
Criminal-defense experience is important, but firearms knowledge can matter too.
Familiarity with firearms, ammunition and ballistics can help an attorney recognize if physical evidence does not support the charge brought against a client. But that does not mean your attorney needs to be a competitive shooter or firearms instructor.
It does mean an attorney handling a firearm-related case should be capable of understanding the technical evidence involved and recognizing when qualified experts are needed.
A self-defense lawyer must understand not only criminal procedure but the particular legal theory being asserted: The defendant faced an imminent threat of death or serious bodily injury and responded with legally justified force.
A lawyer unfamiliar with self-defense law may be an excellent attorney in another type of criminal case and still be the wrong person for yours.
Look for Relevant Trial Experience
Not every criminal-defense attorney regularly tries cases.
Some lawyers spend most of their time preparing documents, negotiating resolutions or handling cases that never reach a jury. That experience can be valuable, but a self-defense case may require a lawyer prepared to argue justification before a judge and jury.
Look closely at actual trial experience, particularly experience with the kind of criminal case you may face.
That leads to an important distinction: Years in practice are not the same as relevant experience.
An attorney who has practiced for decades but rarely handles firearm-related criminal trials may have less directly applicable experience than someone who has spent fewer years in practice but routinely handles cases involving self-defense, firearms and use of force.
Don’t Hire an Attorney Based on Advertising Alone
Search for a lawyer online and you will quickly discover that nearly every firm is aggressive, experienced and ready to fight for you … At least according to the advertising.
Pay more attention to substance than volume. Lawyer-advertising rules can make many firm websites sound remarkably similar. Claims about being tough, aggressive or successful do not necessarily tell you how much relevant experience that lawyer has.
Awards deserve similar scrutiny. Some are meaningful. Others amount to marketing opportunities. Instead of allowing badges and slogans to make the decision for you, look at what the attorney actually does, how well the attorney understands your questions and whether he or she can explain difficult issues clearly.
To go even further when researching an attorney, check whether the lawyer has ever been disciplined and, where practical, look at the attorney’s record in actual cases. A clean disciplinary history does not prove that someone is a skilled lawyer, but disciplinary problems should certainly prompt additional questions.
Talk to More Than One Self-Defense Attorney
Unless an emergency leaves you no choice, do not speak with one attorney and assume your search is finished.
Speak with several attorneys so you have some basis for comparison. Without that, it is difficult to know whether the lawyer you contact is particularly knowledgeable, responsive or experienced — or merely the first name that appeared in your search results.
Listen to how the attorney answers your questions.
- Does the lawyer appear familiar with cases like yours?
- Does the attorney explain things clearly?
- Does the attorney seem interested in understanding the circumstances or is the conversation being rushed toward a retainer agreement?
Trust matters because this may become a long professional relationship. If you are uncomfortable speaking candidly with the lawyer or do not believe the attorney is listening to you, keep looking.
Questions to Ask a Self-Defense Attorney
The purpose of an initial conversation is not to conduct your own law-school entrance exam. It is to understand whether the lawyer has the experience, judgment and ability to handle the type of case you are concerned about.
Ask pointed questions rather than vague requests for credentials. Some suggestions include the attorney’s education, years in practice, criminal-defense background, disciplinary history, courtroom relationships, experience with local judges and prosecutors, trial record, and work with expert witnesses.
A practical conversation could include questions such as:
- How much of your practice involves criminal defense?
- What experience do you have with firearms or self-defense cases?
- Have you tried criminal cases before a jury?
- Have you handled this particular type of case before?
- Are you comfortable taking a case through trial if necessary?
- Do you work with investigators or expert witnesses when a case requires them?
- Who would actually handle my case?
- How do you communicate with clients as a case progresses?
- Have you ever been disciplined by a court or state bar?
The purpose is not to find an attorney who delivers the most impressive sales pitch. It is to determine whether the lawyer has actually done the work you may need done.
Beware of an Attorney Who Seems Too Eager to Make a Deal
Most criminal cases do not end in trials. Plea negotiations are a normal part of criminal practice.
But that does not mean every case should be resolved that way.
A lawyer who approaches every case expecting to negotiate a plea may not be the best choice for a self-defense case in which the client maintains that his or her actions were lawful. A legally armed person who genuinely acted in self-defense may need a lawyer prepared to present that defense rather than automatically treating the case as an exercise in minimizing punishment.
The criminal-defense attorney’s job is not simply to negotiate the quickest resolution. It is to understand the client’s defense and be prepared to argue it when the evidence supports doing so.
Ask prospective attorneys whether they are comfortable taking the case to trial.
Then listen carefully to the answer.
Find an Attorney Who Will Tell You the Truth
You are not hiring someone to tell you what you want to hear.
A good attorney needs to understand the facts — good and bad. Be completely candid during attorney-client discussions rather than hiding embarrassing or unfavorable details. Your attorney cannot properly evaluate the case if you shade the facts.
The same principle works in the opposite direction.
Be suspicious of lawyers who promise particular outcomes. No competent attorney can guarantee what a prosecutor, judge or jury will ultimately do.
You need a lawyer willing to identify weaknesses as well as strengths, explain your options and give you advice based on the case rather than on what will make you feel better in the moment.
Communication Matters
A technically brilliant attorney who will not return calls or explain what is happening may make an already difficult situation even worse.
Look for someone responsive enough to keep you reasonably informed as your case moves forward.
Personal fit is also important. You are likely to communicate with this person repeatedly while dealing with issues that affect your reputation, finances and possibly your freedom. If you do not trust the attorney or feel heard during an initial conversation, do not assume those problems will disappear after you hire the firm.
You are interviewing the attorney. The attorney is also deciding whether the representation is a good fit. That is part of the process.
Start Looking for a Self-Defense Attorney Before You Need One
Start early. After an arrest or critical self-defense incident, you may not have the time, freedom or presence of mind to compare attorneys. You may be relying on a spouse, relative or friend to make calls on your behalf.
What Should You Do Immediately After a Self-Defense Incident?
Choosing an attorney beforehand can make the aftermath less chaotic, but the immediate situation is not the time to conduct interviews with half a dozen firms. The time to learn how that process works is before you need it.
Research qualified attorneys in advance and keep a short list of several firms your family could contact if necessary. However, be aware that an attorney retained where you live may not be licensed to represent you if an incident happens in another state.
You cannot predict every circumstance. But you can avoid beginning from zero.
Where Should You Get Legal Information?
The internet contains an extraordinary amount of legal information. Some of it is even correct.
However, internet searches can return outdated law, information from the wrong jurisdiction or explanations that omit important local rules. State statutes, court decisions and government resources can be useful, but even those materials may be difficult to interpret without understanding how the provisions interact.
The same caution applies to advice from friends, online personalities or even government employees. A confidently delivered answer does not automatically make the advice legally correct.
For general education, research can help you understand the questions you need to ask. For advice about a specific legal problem, there is no substitute for a qualified attorney familiar with the applicable jurisdiction and facts.
How USCCA Law Helps Members After a Self-Defense Incident
USCCA Members now have another option: USCCA Law is an independent law firm focused exclusively on self-defense and access to it is included with USCCA Membership at no additional cost. USCCA Law is available to Members in select states and is expanding nationally.
The firm’s attorneys are selected for their experience handling self-defense cases. The USCCA Law Critical Response Team is a Member’s first call after 911.
Because the Critical Response Team works for USCCA Law, attorney-client privilege is available from the first call.
USCCA Law focuses on criminal self-defense cases. The firm also handles use-of-force representation, pre-charge response, expert-witness support and federal or multi-state matters.
USCCA Members are not required to use USCCA Law. They retain the ability to select another qualified attorney, including an attorney from the nationwide USCCA Attorney Network. USCCA Law itself is one option available to members.
That distinction matters because finding an attorney before an incident and obtaining legal help immediately after one are related but different needs.
Before an incident, you can research attorneys, understand their experience and consider who you would want representing you.
After an incident, the priority becomes reaching qualified counsel quickly.
What Is the USCCA Attorney Network?
The USCCA Attorney Network consists of independent attorneys available as another option for USCCA Members seeking representation. The nationwide network includes nearly 1,000 independent attorneys.
The network can be particularly valuable when geography matters. An attorney must be able to practice in the jurisdiction where representation is needed, which is one reason a single hometown lawyer cannot necessarily solve every problem that might arise while traveling.
Members still choose their attorney.
Having a network of qualified attorneys does not eliminate the considerations discussed throughout this article: relevant experience, communication, trial ability and familiarity with the legal issues involved all remain important.
Finding the Right Self-Defense Attorney Is Part of Your Preparation
Most people hope they never need a criminal-defense lawyer. But hoping is not planning.
Do the research before an emergency. Look beyond advertisements and awards. Ask about relevant cases, courtroom experience and firearms knowledge. Speak with more than one attorney when circumstances allow. Find someone who communicates clearly, listens carefully and is prepared to tell you the truth rather than simply telling you what you want to hear.
And understand what resources are available to you through your USCCA Membership.
The goal is not to spend your life waiting for something terrible to happen. It is to make one important decision before circumstances force you to make it at the worst possible time.
Self-Defense Attorney FAQs
What kind of attorney should I look for after a self-defense shooting?
Look for a criminal-defense attorney with meaningful experience handling self-defense, firearms or use-of-force cases. Trial experience and familiarity with firearm-related evidence can also be important depending on the case.
Should I find a self-defense attorney before I need one?
Yes. Researching attorneys beforehand gives you time to compare qualifications and provides your family with potential contacts if you are unable to conduct the search yourself after an incident.
What should I ask a self-defense attorney before hiring one?
Ask about relevant criminal-defense and self-defense experience, jury trials, similar cases, expert witnesses, disciplinary history, communication and who would actually handle your case.
Does a self-defense attorney need to be a firearms expert?
Not necessarily, but firearms knowledge can be valuable in cases involving ballistics, firearm operation, ammunition, trajectories or other technical evidence. An attorney should also recognize when a qualified firearms expert is needed.
Can USCCA Members choose their own attorney?
Yes. Members can choose USCCA Law or another qualified attorney, including an attorney from the USCCA Attorney Network.
When should a USCCA Member contact USCCA Law?
USCCA Law provides emergency support to USCCA Members after a self-defense incident through its Critical Response Team. The current USCCA Law site says that team is available 24/7. (USCCA Law™)
The information contained on this website is provided as a service to USCCA, Inc. Members and the concealed carry community, and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.
