Attorney Fees
One of the first questions
many potential clients ask is how much will the case cost. Most attorneys will not discuss attorney fees
until after the client comes into the office and discusses the case in detail. This does allow the attorney to give an
informed estimate of the costs based on the facts as described by the
client. However, as with a used car
dealer, this tactic gets you into their office where they can use many
psychological ploys to get a potential client to agree to more fees than they
can afford.
I personally disagree with
using these kinds of “ploys” to take advantage of people. So, I am going to honestly tell you how I
estimate the fees I should charge for criminal representation and give you some
“average” estimates. This information
should tell you whether my normal fees are even in the ballpark of what you can
afford.
Like every other profession,
attorney fees vary based on location, overhead, experience, and expertise. What a general practice attorney will charge
you may be much less than a person who specializes in only that area of
law. When an attorney has lots of
experience in the area of law in which you are seeking representation, it is
common for that attorney to charge more because his or her experience and
specialized skills in that area of law give you an advantage in obtaining a
more favorable outcome.
Remember that the practice of
law is like any other profession. Just
because a person has been able to pass the bar exam and is licensed to practice
law does not mean that person is highly skilled—it simply means that person has
been able to pass an exam that is the minimum standard for being licensed
in that state. It still takes years of
experience in the relevant area of law to be considered highly skilled! Would you rather have open heart surgery from
a new medical doctor fresh out of medical school with no actual surgeries under
his belt or from a fifty year old surgeon who has been practicing medicine for
twenty-five years and has performed hundreds or even thousands of the kinds of
surgeries you are going to have? For
most people, assuming they could afford either doctor, the choice is easy.
When choosing an attorney,
consider the experience and skills they can offer, not just the bottom line.
When I evaluate a case, I
consider how long is it going to take me to do all of the following:
1. Review the police reports
2. Discuss the case in detail with my client
(usually several interviews)
3. Interview all the potential witnesses
4. Research and draft all necessary motions
5. Appear in court for all pre-trial
proceedings
6. Conduct the trial
7 Prepare any post-trial motions
8 Investigate and prepare any
post-conviction evidence
9 Appear at any post-conviction hearings
In addition, depending on the
nature of the charges and the evidence that is or may be available, I may need
to hire a private investigator, defense forensic experts (for evidence exams)
and/or defense expert witnesses (such as medical doctors or psychiatrists).
I am typically a very
aggressive defense attorney. Unless my
client specifically tells me otherwise, I put all my resources into proving my
client is innocent and/or showing fatal weaknesses in the prosecution’s evidence. Aggressive defense work consumes lots of time
and resources. For this reason, I
typically break down my fees into three different stages.
First, from first arraignment
through preliminary hearing. The vast
majority of cases I accept are serious felony cases. If my client is out of custody and willing
to waive their right to a speedy trial, I like to bring motions to re-test
evidence, limit evidence and exclude illegally obtained evidence before the
preliminary hearing. This often cuts
down the evidence available to the prosecution and results in either a
dismissal or a plea offer that is acceptable to the client. I typically charge between $3,000.00 (for
simple, straight-forward felony cases) and $10,000.00 (for complex felony cases
with lots of evidence and a large number of witnesses) for representation up
through preliminary hearing.
Second, from preliminary
hearing up to and including trial readiness conference. After the preliminary hearing, there are
several other motions that can be filed to help cut down on the prosecution’s
evidence, such as a motion to dismiss for lack of probable cause at the
preliminary hearing, to compel undisclosed evidence, to compel police officer
misconduct records, and to exclude other evidence. This is also where most of the trial
preparation is done. For every day I
anticipate we will be in trial, I expect to have two or three days of
preparation time anticipating prosecution evidence, preparing for
cross-examination, collecting defense evidence, and preparing motions to allow
our evidence while excluding prejudicial prosecution evidence. I usually charge anywhere from $5,000.00
(again for fairly simple, straight-forward felony cases) up to $25,000.00 (for
very complex, time-consuming serious felony cases with lots of physical
evidence and witnesses, such as homicides and multiple-victim child molest
cases).
Finally, from trial readiness
conference through trial, and, if necessary, to sentencing. This is where the work gets focused and even
more serious. I will spend long days
making sure everything is ready for trial, all the witnesses are subpoenaed and
ready to testify, all the evidence is in a presentable form and at my
fingertips for presentation to the jury, cross-examination is fully prepared
and impeachment evidence is easily available.
I estimate how many days I believe we will be in trial and how many
hours I still need to complete all necessary tasks. I will usually have all this information (how
long all this will take) right after preliminary hearing. The fees for this portion of the case is
usually the same as the second portion—in other words, I break the costs of
going to trial in half and allow you to make two payments. If the case is dismissed or settles at or
before the trial readiness conference, you don’t have to make the second
payment. If the case goes beyond the
trial readiness conference, the second payment is due and the final push is
started.
For some general ballpark
figures, a low level, felony case (such as simple possession of drugs for
personal use) that goes all the way to trial would normally cost around
$10,000.00. If that same case was to
settle before preliminary hearing because we reached an acceptable plea
agreement, or a motion to dismiss or motion to suppress evidence was granted,
it would cost around $3,000.00. Of
course, the facts of the particular case, the number of witnesses and the
amount of physical evidence can greatly change the amount because more work
would be required.
Complex cases with lots of
evidence, a large number of witnesses, the need for several experts, the need
for an investigator and/or paralegal, and a trial expected to last several
weeks or more can run up to $50,000.00, possibly even more.
Now that I have scared you to
death about the possibility of spending your life savings on an attorney,
remember that it actually costs you nothing to call and discuss your case with
me. However, if you cannot come up with
at least $3,000.00 to start your case, chances are I will not be able to accept
your case.
- - -
Before you start calling
every bargain-basement attorney you can find in the phone book, please consider
that there are many ways you may be able to raise the money you need to pay a
well-qualified, competent attorney.
First, consider getting a cash
advance on credit cards. Many credit cards will authorize a cash advance with a
simple telephone call. Also ask the attorney if they accept credit cards. Many law
offices are set up to accept both credit cards and debit cards. At this office, we
currently accept both VISA and MASTERCARD credit cards. You can even call your
number in on the telephone for approval.
If you own a house, you may
be able to get a secured loan or a second mortgage. I have included some links to organizations
in the area that can be helpful in arranging these kinds of transactions.
SECOND MORTGAGES
https://www.eloan.com/
https://www.lowermybills.com
http://www.second-mortgage-quotes.com/
Most credit card companies
will allow cash advances and many will raise your line of credit if you have a
good payment history and call the area credit manager asking to have you credit
limit raised. Aside from credit cards,
there are several companies that allow you to write a post-dated check for cash,
often called PayDay Loans. Here are some
links.
Here is the result of a Yahoo
search on the search terms “payday loans”:
·
Payday Loans: $100 - $1,000 Overnight
Cash in your account overnight. Very low fee of $18.62 per hundred. Fast
decisions. Direct deposit not required. No credit check. Confidential. Apply
online or call toll-free.
www.mycashnow.com
·
Loan-Till-Payday.Com - Payday
Loans Payday
cash advance loans from Loan-till-Payday.com. Get up to
$1,000 deposited into your checking account in 24 hours or less. Apply online
and get approved in 30 seconds.
www.loan-till-payday.com
·
Payday Loans in 30 Seconds
Hassle-free cash advance payday loans approved in just 30
seconds. Get up to $1000 deposited into your checking account within 24 hours.
www.cashadvancenetwork.com
·
Payday Loans: Up to $500 Instant approval payday loans
with our 100% online application, no faxing, and no credit check. Make the
low-cost choice with PayDayOK.com.
www.paydayok.com
Don’t forget about assets you
may have that can be borrowed against or sold.
Many people don’t consider non-residential land for loans or barter,
firearms, cars, trucks, farming equipment, motorcycles, boats, recreational
vehicles, jewelry, computer equipment, or collectibles. Most, if not all, of these items, can be sold
on e-bay.
MOTOR VEHICLES (Car, Trucks, Motorcycles, Recreational
Vehicles)
http://www.kbb.com/
Kelly Blue Book—Value of Used Cars
http://www.nadaguides.com/
N.A.D.A. Used Vehicle Value Guides
http://www.edmunds.com/
Edmunds—True Market Value Pricing
http://www.carvaluesplus.com/
Car Values Plus—Free Internet Car
Values
BOATS
http://www.boatus.com/buyer/valueform.htm
Boat U.S.—Boat Value Check
http://www.nadaguides.com/MarineHome.aspx
N.A.D.A. Guides—Marine Vehicles
http://www.bookvalueusa.com/boats/Book_Values_for_Mobile_Homes_BOATS.htm
Book Value U.S.A.
http://www.boattraderonline.com/services.html?buyingguides
Boat Trader Online
http://www.bucvalu.com/
BUC Used Boat Price Guide
FIREARMS
http://www.gunshop.com/blubook1.htm
The Blue Book of Gun Values
http://armchairgunshow.com/we_buy_guns.htm
Old Town
Station—Old Guns Wanted
http://www.shotgunworld.com/identify.html
Shotgun World Identification and
Appraisal Links
http://www.gunbroker.com/
GunBroker.com—The Internet’s Premiere
Firearm Auction Site
MISCELLANEOUS
http://www.ebay.com
Buy or Sell almost anything!
Finally, consider discussing
any property or services you may have to offer in exchange for representation
with your attorney. I am always looking
for a number of services and articles. I
am particularly interested in motorcycles, boats, recreational
vehicles, and firearms.
The bottom line is that most
people with a regular job have the assets and/or ability to raise reasonable
attorney’s fees with a little work and imagination. If you cannot honestly raise the amount of
money necessary, go back to court and ask for an application for a court
appointed attorney. Even if you make
over the amount the court normally allows for a court appointed attorney, the
court may be willing to appoint an attorney if you have unusual medical
expenses or some other reason your income is not reasonably available to you
for a private attorney.
