Criminal Defence: Being Found and Answering at 2 a.m.
After-hours intake for criminal defence firms: coverage models, call scripts, privilege and the local search signals that matter at night.
Global Growth Playbooks · Part 8 · US · UK · Australia · Canada
The answer
Criminal defence clients and their families call when someone has just been arrested, which is usually outside office hours. The firm that answers a live, trained person at 2 a.m., explains the next step and secures an engagement wins the matter. Night-time coverage is the single largest growth lever for a defence practice.
Why after-hours coverage decides who gets hired
A family member with a relative in custody will call firms in order until someone answers. Voicemail is effectively a referral to the next firm on the list. The urgency also means the first lawyer to speak with them often becomes the lawyer of record.
Coverage models
| Model | How it works | Fits |
|---|---|---|
| Lawyer rota | Lawyers take turns holding the night phone | Firms with three or more defence lawyers |
| Specialist answering service | Trained agents follow your script and escalate | Solo and small firms |
| Hybrid | Answering service screens, on-call lawyer calls back within 15 minutes | Most firms |
The night-call script
- Confirm who is calling and who is in custody, and where.
- Run the conflict check on names before taking facts.
- Advise the caller not to discuss the facts of the case on recorded custody lines.
- Explain what happens next: first appearance or interview, bail, and the lawyer’s role.
- Agree the engagement and fee arrangement, or connect to the on-call lawyer immediately.
Market notes
- UK: people detained at a police station are entitled to free legal advice; a firm with duty solicitor contracts may also be called through the Defence Solicitor Call Centre.
- US: first appearance and bail hearings can happen quickly; same-night engagement matters.
- Australia and Canada: legal aid eligibility varies by state or province; be ready to explain it.
Guardrails
- Never discuss case facts in a way that waives privilege, and warn callers about recorded lines.
- Do not promise outcomes or bail.
- Answering service agents must not give legal advice.
What to measure
- After-hours calls answered live.
- Time from call to lawyer callback.
- Night calls converted to engagements.
- Matters lost to unanswered calls (from callbacks that say they hired someone else).
30-day checklist
- Choose a coverage model
- Write and test the night script
- Make sure the Google Business Profile shows accurate hours and the after-hours number
- Run two mystery calls at night
- Review every missed call weekly
Sources
- Google: Guidelines for representing your business on Google
- ABA Model Rules of Professional Conduct (Rules 7.1 to 7.3, 5.4)
Want help putting this in place?
Book a 15-minute call with Sagar Pratap Singh, Founder and Host of WhoBringsTheBusiness, at sagar@whobringsthebusiness.com or pick a time online. Mention this playbook and I will come prepared with a starting point for your business. Implementation is delivered through Dizital Connect.
For new playbooks in your inbox, subscribe to Your Honor, We Need Clients.
Next in the series: Part 9: Employment Law Firms: Content Built Around Claim Deadlines
Related articles
The Belief-Breaking Question: How to Structure a Legal Consultation
How to structure a legal consultation. A step-by-step playbook for law firms, with scripts, guardrails and a 30-day checklist.
The 1-to-10 Close: How to End a Consultation With a Clear Decision
End a consultation with a clear decision. A step-by-step playbook for law firms, with scripts, guardrails and a 30-day checklist.
Agree, Ask, Educate: How Lawyers Should Handle Fee Objections
How lawyers should handle fee objections. A step-by-step playbook for law firms, with scripts, guardrails and a 30-day checklist.