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This is the third blog in a series about how to hire a criminal defense lawyer. Read my introductory comments and how to decipher lawyer advertising.
Most people hire the wrong criminal defense lawyer for the wrong reason. In my next several blogs I will focus on them all (Money, Advertising, Prior Results, Perceived Expertise, “Former Prosecutor,” and Connections.); today we'll look at Money.
A fellow criminal defense lawyer told me "if you're a defendant in a criminal case today, they either kill you, or leave you alone, there is nothing in between."
You can't get blood from a rock. But when you are between that rock and a real "hard place," you need to forget about your money problems.
I know the general response to that is, "but I just don't have the money." I say, too bad: get it.
Many people who become suspects and defendants still believe that because they got themselves into their situation, they can get themselves out of it. Even though you couldn't explain your innocence to the arresting officer, you believe that when you get to court you'll talk to the prosecutor and judge and it will all go away. Either that, or you'll just take what they offer and leave. Better to pay the court costs and regret the conviction years later than come up with some money for a lawyer today, I guess is the theory.
If you are a first-time offender on a non-violent minor case who has no aspirations to ever accomplish anything, like obtain credit, a mortgage, a job requiring a license or about 300 other things that now subject people to a criminal background check, you don't need to read any further. If you are now, and will be for the rest of your life, a complete nothing, forget the lawyer and just handle it yourself.
Now for the rest of you.
Flat Rate v Hourly Rates
Criminal Defense Lawyers, for the most part, charge flat fees, and many offer payment plans. In my opinion, there is no better deal that a criminal defense lawyers. Pay one up-front fee, and other than costs (serving subpoenas, court transcripts, investigators, over night mail), that's it. Costs are always additional, but more about that later.
Why do I think it's the best deal? Civil lawyers (like divorce lawyers) charge by the hour. If a civil lawyer takes four months to resolve a case, you'll pay for every minute of that representation.
Let's say you get a DUI. The average fee for a "good" DUI lawyer is $5,000. That is the usual fee if the case resolves in a phone call, or 15 court appearances. Trial may be extra, but you have a less than 3% chance of your case going to trial. I'll take the 97% odds.
Still, I am amazed. Amazed at the guy whose life-blood is driving a truck, the law student who is scared that his future is shot, the CEO of a public company who fears his board of directors, and the mother of two, who needs to drive her kids around. All of these people are the types who wills scoff at a criminal defense fee. So it's not just you, the one who lives paycheck to paycheck.
Arrests never come at a convenient time. Here's how to handle the money part:
1. After the arrest, remove from your mind that you need to hire a lawyer in 5 minutes. You usually have at least a week to make a good decision. Unless you've been lazy or had your head buried in the sand hoping it would go away, be wary of the lawyer who pressures you to make the decision immediately.
2. Find your family and friends with money and tell them that you will need a lawyer and may need $5,000 to $10,000 now. Check your credit card balances. Most lawyers today take credit cards, and if not, your credit card company may provide you with a check for a cash advance (2010 update: yes, loans are tougher to find from a bank, which is why you start with family and friends).
3. Don't ever call a lawyer you're thinking of hiring and ask how much he or she charges. That lawyer will immediately think you are cheap, broke, and that you will waste his time in a consultation. On that note, don't ever ask if there's a consultation fee. That's like saying "you're not going to ask me for $500 are you?" A client who has a problem with $500 is cheap, broke and a waste of a lawyer's time.
4. Do not got to the appointment looking like you just came from the mall. Wear pants, a decent shirt and a tie. Show some respect, be on time, don't get lost and don't bring your "friend." If you are a parent looking for a lawyer to represent your child, and you're going to pay the fee, don't expect to be part of the entire consultation. The lawyer has to discuss private details and protect the attorney-client privilege with the client (the one arrested, not the one with the wallet). If you have to cancel or reschedule your appointment, make the phone call.
5. Talk with the lawyer about your case, not the fee. The fee quote will usually come at the end. Make the lawyer like you. Don't play the victim and ask about suing the cops, or tell the lawyer you think your case is "simple."
6. Be honest with the lawyer. Tell her you want to hire her, if you do, and the details of your financial situation. You just told this lawyer you were plastered, picked up a hooker, stole something or shot someone. This is not a time to be coy or shy. Admit you are poor, broke, or need time to pay the fee. Tell the lawyer what you can come up with right now, today.
7. You should hire a lawyer you feel comfortable with, who charges more money than you wanted to spend. You may feel good that two lawyers quoted you $30,000 for your drug trafficking case and the one you're talking to now is charging you $10,000, but that's a sign to be careful. All lawyers are not rich, and most have to pay the rent. You don't want a lawyer who treats his practice like a business and is looking for next month's rent, or worse, this month's rent.
8. Don't negotiate. You are facing jail. Do you really want your lawyer to be in the mindset that you are that client who didn't think she was worth her fee?
You're in trouble and you need a lawyer. You need to pay for that lawyer, and you need to pay for that lawyer now. An attorney-client relationship that begins with money problems is a waste of time for you and your lawyer. |
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