How to Choose a Criminal Defence Lawyer in Alberta

The market for criminal defence services in Alberta is loud. You will encounter “best of” badges, five-star testimonials, six-figure case counts, and no shortage of superlatives. Almost none of it answers the only question that matters: is this the right lawyer for my case?

This page is from KJR Law. The Law Society of Alberta’s Code of Conduct sets specific, enforceable rules for how Alberta lawyers may market their services. What follows is a framework for comparing counsel built on those rules: the five things worth testing, the marketing patterns that tell you very little, and the questions that separate the two. It is the same framework we invite you to apply to us.

What Actually Matters: A Five-Part Test

The five criteria below are not exhaustive — personal fit matters, and only you can judge it — but they are necessary. Apply them to anyone you consult, including us.

1. Practice Focus: The First Filter

Criminal defence is its own field. The rules of evidence are not the rules of civil procedure. The disclosure regime is distinct. The stakes operate on their own logic: there is the sentence the court can impose, and there are the consequences a conviction can trigger elsewhere — immigration status, employment, travel — under regimes the criminal court does not control. A lawyer who appears in criminal court week in and week out works with these tools and these stakes daily, and that daily familiarity is a large part of what you are retaining. The Code of Conduct permits a lawyer to describe their areas of practice accurately, including a practice restricted to one area of law — so the question is a fair one, and the answer should be direct.

The question: Is criminal law this lawyer’s main practice, or one of several? A clear answer should be easy to give.

2. Court Experience: Where, and at What Level

In Alberta there are three courts in which a criminal matter may move: the Alberta Court of Justice, where most matters begin and many resolve; the Court of King’s Bench of Alberta, where jury trials and most serious indictable matters are heard; and the Court of Appeal of Alberta, where errors of law and unfit sentences are reviewed. The right path for your matter should be chosen on the merits of your file — which is easier when your lawyer appears regularly at every level your matter might reach.

Trial experience deserves separate attention. Most criminal files resolve without a trial, and a well-negotiated resolution is often the right outcome. But negotiation and trial readiness are connected: a resolution position is built on the file’s strengths, and part of a file’s strength is a defence that is prepared to run the trial if the offer is not good enough. Recent, regular trial experience is worth asking about even if you hope your matter never sees a courtroom.

The question: In which courts does this lawyer appear, how often, and how many trials have they conducted in the last twelve months?

3. Fee Transparency: In Writing, Before Work Begins

Before any work is performed, you should receive in writing: the fee for the work; how disbursements (court fees, transcripts, expert reports) will be charged; whether GST applies and to which portions; what happens if the matter resolves earlier than expected, or extends longer; and the precise scope of the retainer. Verbal estimates are not retainers. “We’ll figure it out as we go” is not a retainer.

The Code of Conduct takes fee clarity seriously: where a fee is advertised, Rule 4.2-2 requires the advertising to be reasonably precise as to the services offered for each fee quoted, to state whether other amounts — such as disbursements and taxes — will be charged in addition, and it requires the lawyer to adhere strictly to the advertised fee. The same discipline should show up in your retainer letter. The question: Will the fee, disbursements, GST, and scope of the retainer be set out in writing before any work begins? Anything short of yes is information.

4. Communication: The Honest Answer Test

The right criminal defence lawyer will explain your situation in language you understand and give you an honest assessment of your file — including the parts you may not want to hear. You will know within the first conversation. Watch for the opposite: an assessment that contains only good news, or a promised result. No lawyer can promise a verdict. Outcomes in criminal matters turn on the evidence, the disclosure, the Crown’s position, and decisions made by judges and juries — none of which any lawyer controls. The Code of Conduct identifies marketing that raises expectations unjustifiably as a contravention of Rule 4.2-1. Treat a promised outcome with caution, whatever else about the lawyer impresses you.

The question: Did you get a candid assessment, including the unfavourable parts — or did you get a pitch?

5. Conflicts: The First Ethical Step

Before agreeing to act, a lawyer should run a conflict check — confirming they have not previously acted for the complainant, a co-accused, a key witness, or anyone else whose interests are adverse to yours. The duty to avoid conflicts of interest is set out at Rule 3.4-1 of the Code of Conduct, and the check comes at the start for a reason: information shared before a conflict is identified can itself create a problem. This is also the moment to raise anything on your side that could complicate the retainer — including prior consultations with other firms about the same matter.

The question: Did the lawyer address conflicts before quoting you a fee? If not, the retainer is starting at the wrong end.

What to Be Cautious About

Set against the five-part test is a set of marketing patterns you will see on many law firm websites. None of them tells you whether a particular lawyer is qualified. All of them are marketing — and marketing is not evidence of competence. Read accordingly.

“Best of” Badges and Directory Rankings

Some directories are genuinely independent. Many sell placement: a firm pays an annual fee for the listing or the badge. Others are algorithmic rankings assembled from public data, with no evaluation of the lawyer’s actual work. None tells you whether the lawyer is right for your particular matter. A useful test: click the badge and read the directory’s own explanation of how it ranks. If the directory accepts payment from the lawyers it ranks, the badge is advertising — read it as advertising.

“Specialist” and “Expert” Claims

The Law Society of Alberta does not certify specialists in any field of law, including criminal defence. Under Rule 4.3-1 of the Code of Conduct, a lawyer must not advertise as a specialist in a field unless certified by the Society — and the Commentary to the rule states that, in the absence of a certification process, an assertion that a lawyer is a specialist or expert is misleading and improper. What the rule does permit is an accurate description of a lawyer’s areas of practice and experience, including a practice restricted to criminal defence. That vocabulary is available to everyone. Ask about the substance behind it.

Superlatives

“Best.” “Top.” “Leading.” “Elite.” “Trial-tested.” “Results-driven.” “Aggressive.” Under Rule 4.2-1 of the Code of Conduct, a lawyer’s marketing must be demonstrably true, accurate and verifiable, and the Commentary identifies suggesting qualitative superiority to other lawyers — and even suggesting or implying that a lawyer is aggressive — as marketing that may contravene the rule. There is no way to verify “best.” Treat superlatives as decoration, and look for the verifiable facts underneath: practice focus, courts, recent trials, fees in writing.

Volume Claims and “Success” Numbers

“1,000+ successful cases.” Before giving a number of this kind any weight, ask what it means. What counts as “successful” — withdrawals, acquittals, favourable resolutions, avoided trials? How is the count kept, and by whom? A number without a definition is not information. And the right question was never how many cases a lawyer has handled. It is how this lawyer will handle your case.

Testimonials That Describe Specific Outcomes

“Lawyer X got my charges dropped.” A testimonial of that kind is a claim about a result in one case. Outcomes in criminal matters depend on the facts, the disclosure, the Crown’s position, the judge, the jury, and a dozen other variables — none of which carry over to the next file. That is why the Commentary to Rule 4.2-1 requires that any reference to past success be accompanied by a statement that past results are not necessarily indicative of future results and that outcomes vary according to the facts of individual cases. Read testimonials with that requirement in mind: a result in someone else’s case is not information about yours.

Pressure to Retain Quickly

Some matters carry real urgency. A bail hearing scheduled for tomorrow. An Immediate Roadside Sanctions review with a seven-day deadline. A police interview the investigators want to conduct this week. A capable lawyer will identify the genuine deadlines in your matter and act on them without inflating them. If you are being pushed to sign and pay before you have had a chance to think, and no real deadline explains the rush, take note.

How to Apply the Test

When you speak with prospective counsel — and you should speak with more than one — take notes. Ask each lawyer the same questions. The most informative are the ones that resist generic answers:

1. What percentage of your practice is criminal defence?
2. In which Alberta courts do you appear, and how often?
3. How many trials have you conducted in the last twelve months?
4. Have you handled matters like mine before?
5. What is your fee, what does it cover, and what is excluded? Will that be in writing before I retain you?
6. Who else in your office will work on or have access to my file?
7. What are the realistic outcomes in a case like mine, including the unfavourable ones?
8. What are the next two or three concrete steps if I retain you today?

If a lawyer cannot or will not answer those questions clearly, that is information. If the answers are specific and consistent across the meeting, you have most of what you need.

About KJR Law

KJR Law is the trade name under which Brad Kraus, Greg Janzen, and Elena Ryland practise in association as independent practitioners. They are not partners. Each lawyer is independently responsible for their own clients.

Our office is at Suite 120, 301 14th Street NW, Calgary. Our practice is restricted to criminal defence. We appear in the Alberta Court of Justice, the Court of King’s Bench of Alberta, and the Court of Appeal of Alberta, and we travel to court across Southern Alberta. Our retainer letters set out fees, disbursements, and GST in writing before any work begins. We do not promise outcomes. We expect to be measured against the test on this page.

Talk to KJR Law.

Initial consultation at no charge. Scope is limited to an initial assessment of your matter and is subject to a conflict check. GST does not apply to a no-charge consultation. If we are retained, fees, disbursements, and GST will be set out in a written retainer letter before any work begins.