08/19/2019
Let us talk about Criminal Defense Attorney’s fees.
There is, of course, the hourly rate. We all know that one: a set amount of money to be paid on an hourly basis. Usually a sum is placed in a Trust Account and is drawn down from that amount per-hourly used by the attorney.
Then there is the problematic retainer agreement and that, of course, is the flat fee retainer. That is, the attorney will say “I will do all the work on this criminal case for this amount to be paid upfront” or in payments. Usually the flat fee is reasonable, and then there are those times when it is not – which the ethics will call unconscionable. For instance, a low-grade misdemeanor that will take maybe two court appearances and should cost about $3,500.00 to handle, is presented to the client for a flat fee of $20,000.00! Big difference! Why is there a difference?
Let us assume that this attorney has minimal experience in the field of criminal law and expects a significant return in profit from his client. This attorney charges $20,000.00 – that would be an unconscionable fee to charge. Whereas, if he charged $3,500.00 that fee charged would be in the so-called ballpark.
On the other hand, the attorney is experienced, and his reputation demands the $20,000.00, and the client believes that this experienced attorney will fully represent him in court. However, the criminal case ends after two court appearances. The client feels taken when he could have had the same result for $3,500.00 and not $20,000.00. What to do? The client can ask the attorney for an accounting of his hours. The client can then ask for a hearing called a “fee dispute” with the local bar association. Also, if the matter becomes even more heated up the client can file a complaint with the State Bar.
However, whatever is done the client should never feel that his fee is wasted if the jury comes back Not Guilty – by saying “well, I knew I was not guilty and I want my money back.” That does not work for the client nor the attorney and definitely with the State Bar. Otherwise, you should have represented yourself (that is never a good idea).
