How To Find The Right RICO Defense Lawyer

Choosing the right attorney is the most consequential decision you'll make after a federal RICO charge. Here are the questions to ask — and the answers you should hear.

10 Questions To Ask Before Hiring A Federal RICO Defense Attorney

1. "How many federal RICO cases have you handled?"

Look for a specific number, not "many" or "quite a few." A federal specialist should be able to tell you exactly how many cases they've handled involving 18 U.S.C. § 1961-1968 and what the outcomes were.

2. "How many of those cases went to trial?"

Most federal cases plead out. But a lawyer who has never taken a RICO case to trial can't credibly threaten to do so — and the government knows it. The willingness and ability to go to trial is your leverage in negotiation.

3. "What's your relationship with the U.S. Attorney's Office in this district?"

Federal criminal defense is a small community. Your lawyer should know the AUSAs who handle RICO cases, their tendencies, and their supervisors. This isn't about "connections" — it's about informed negotiation.

4. "What's my Guidelines exposure — and how do you calculate that?"

If the lawyer can't walk you through a preliminary Guidelines calculation based on the charges, walk out. This is the single most important number in your case.

5. "Will you handle my case personally, or will associates do most of the work?"

At some firms, the name partner does the consultation and a junior associate does the work. Know who will be in court with you.

6. "What's your approach to pretrial release?"

In federal court, pretrial detention is common, especially in RICO cases where the government argues flight risk or danger. Your lawyer should have a detailed plan for securing pretrial release.

7. "Do you have experience with expert witnesses in RICO cases?"

Many RICO cases turn on expert testimony — forensic accountants, industry-standards experts, financial analysts. Your lawyer should have established relationships with qualified experts.

8. "How do you approach plea negotiations?"

Listen for a strategic answer, not a reflexive one. The right answer is: "It depends on the evidence, the Guidelines calculation, the client's priorities, and what the government is offering."

9. "What's your experience with post-conviction relief and appeals?"

Even with the best trial lawyer, convictions happen. Your attorney should understand appellate preservation from day one.

10. "What's your fee structure, and what does it include?"

Federal defense is expensive. Understand whether the fee covers investigation, expert witnesses, motion practice, trial, and sentencing — or whether those are additional.