Skip to main content
Find a Lawyer

Retaining a Criminal Defense Lawyer

Choosing a criminal defense lawyer is an important decision. Criminal defense lawyers are not all the same; every one of them is different in the way they handle cases, be it their experience, ability, or style. A lawyer who would be the best in one type of case may not be in another. Also, depending on the magnitude of the charges and the case, the retainer quoted by a criminal defense lawyer may seem to the client to be extremely high; as much as an expensive car or even a moderately priced house. But remember what is at stake in a criminal case: the liberty of the person accused. When compared to trying to keep one's liberty, money is much less important.

The amount of the retainer paid (whether high or not) is not necessarily indicative of expected quality. Be wary of lawyers who solicit your business or promise good results. They make money off high turnover, and high turnover means that they must plead clients guilty to move on to the next case. No lawyer can ethically or realistically promise a good result. It is a fact of life that 90+% of all criminal defendants are convicted of something. Some cases, therefore, must be pled because "damage control" is all the criminal defense lawyer can do in that particular case. I believe, however, that the best plea offers are obtained by the best trial lawyers because the prosecutor knows that the risk of loss at trial is greater.

Criminal defense lawyers often charge flat rate fees, plus expenses. It is a harsh reality of criminal defense work that if the client is convicted, he or she could end up in prison and be unable to make payments on fees or be disappointed in the outcome and just refuse to continue to make payments. Therefore, the fee quoted is based on the lawyer's experience in what type of work will be required and how much time it will take. Some lawyers have payment plans. Keep in mind, however, that retaining a lawyer requires the lawyer to take time and devote his or her knowledge and expertise to your case, and, depending on the case, the work is performed in the near future. Ordinary people who work for a living expect to be paid timely. Stores and suppliers expect to be paid shortly thereafter. So, you should expect to pay your criminal defense lawyer shortly after you retain him or her.

If payment in full is absolutely impossible you should address the issue with the attorney you are hiring. Some attorneys will be willing to alter the terms of payment or accept an item be given to them as security on the outstanding balance. I do not negotiate my fees because I know what I am worth. I will, however, make reasonable accommodations for payment of the fee as long as one-half is paid before the first court appearance, and the balance is paid within 60 days of being retained. Failure to fulfill the fee agreement allows me to withdraw.

Was this helpful?

Copied to clipboard