Most criminal defense
lawyers charge flat fees.
Most lawyers require a retainer fee that
will cover the cost of getting the lawyer in the case and the initial
stages of representation. Additional fees may include fees to
cover the middle stages of cases and there will usually be a separate
trial fee. The trial fee may often be substantial. Trial
fees tend to be larger because of the intensive work involved in
preparing for trial and the non-stop commitment of being on trial for a
lengthy period of time.
A variety of options exist
to make it possible for people to retain counsel. Many lawyers
will not require the entire fee for the case through trial up front.
Usually, a lawyer will take on a case in which the additional fees are
due only when the subsequent stages begin. For example, it may be
as many as three months before a felony case reaches the stage where
motions must be filed. A trial may be a year or more off.
Therefore, the full amount of the lawyer's fee is usually not something
that will be due up front.
Most criminal defense
lawyers will require the retainer fee in full up front, however.
These days, most lawyers can
accept major credit cards for all or a portion of the retainer and
subsequent fees.
If bail has been posted for
a person accused of a crime, lawyers can take a "bail assignment" which
is an agreement that the fee will be paid out of the bail, assuming the
defendant makes all of his court appearances. Most lawyers are
uncomfortable accepting a bail assignment as the only payment. In
most cases the bail assignment is retained as security on a defendant's
promise to make payments toward the fee.
Payment plans may be worked
out with some lawyers on an individual basis.
If it seems that a lawyer is
touchy about filing a notice of appearance on a case before being fully
paid his retainer, here is one reason: when a lawyer files a notice of
appearance on a criminal case, it is out of his control whether or not
he will ever be able to withdraw from the case. If he is not paid
his fee and tries to get relieved from the case, the judge may not
relieve him. A lawyer is not allowed just to stop appearing just
because he feels like it. Judges have been known to force lawyers
who have not been paid to remain with and even try cases.
Therefore, since lawyers, like other people, generally believe they
deserve to be paid for their services, they will hesitate to file a
notice of appearance unless it is fairly certain they will be paid.
A fee agreement makes sense
so that there is no debate about payment later on. It doesn't have
to be elaborate. As long as it has the fees and when they apply it
should be fine.
Lawyer fees DO NOT usually
include investigator fees, expert witness fees, transcript fees, or any
other fees related to the case. Lawyer fees usually are only the
cost of the lawyer's services.
