Generally, one of the most critical questions defendants ask a defense attorney is what their charges would be. Hiring a private criminal defense attorney involves a financial agreement based on the specific needs of the case.
“There are three factors that determine how much a lawyer will charge you. They include the complexity of the charges, the lawyer’s level of experience, and the location of the case. As a result, if you are facing serious accusations, you should expect to pay more than someone who is dealing with minor accusations,” says criminal defense attorney Andrew H. Stevenson of Andrew H. Stevenson Attorney at Law, LLC.
This article will break down all the factors that affect attorney charges and give you an insight into the standard rates for defense attorneys’ services:
Factors that Influence Attorneys’ Charges
- Calculating costs based on the nature of the case
The very first thing to note is that the cost of a private attorney’s services increases as the seriousness of the charges escalates. For example, defending a misdemeanor that proceeds to trial might cost between $2,500 and $5,000. In felony cases, attorneys may ask for a retainer.
A retainer is a larger upfront payment. In such felony cases, the lawyer may require you to pay around $3,500 as a retainer. Additionally, lawyers handling felony trials might charge separate fees for each day spent in court, often in the range of $1,000 per day.
- Calculating costs based on experience
Another factor that influences attorney charges is the extent of the attorney’s experience. Generally, more experienced attorneys charge higher fees than those with less experience or those who are new to the profession.
- Calculating costs based on a law firm
The size of the law firm is another factor to consider. Attorneys in large firms tend to charge more than those in smaller practices.
The same principle applies to solo practitioners. Attorneys in larger firms typically request higher payments than solo practitioners.
The location of the firm also matters. Lawyers in large cities usually charge more than those in smaller towns. Attorneys located in major urban areas often have higher rates than those practicing in smaller communities.
- Calculating costs based on the type of case
Fees also depend on the type of case and the amount of work it will require. As an example, an attorney might request a lower fee for a first-time DUI than for a serious drug felony trial. That is because the attorney would likely spend more time handling the latter than the former.
Court appearance also attracts more fees. Thus, should the matter proceed to court, the fee is likely to be higher than for a negotiated resolution.
Getting to Know Attorneys’ Fees
The majority of defense lawyers offer a complimentary initial consultation. It means that you can discuss your case with a lawyer for no cost at all. It allows you to discuss the details and raise any concerns you might have.
During this initial consultation, just as you raise concerns you have, the lawyer also assesses whether they wish to handle your matter. If both parties agree, a written payment contract must be entered into.
Ensure you take time to review it thoroughly and seek clarification on anything you do not understand.
Rates and Fees
There are mainly two forms of rates at which attorneys typically charge. They include hourly and flat rates.
Hourly Fees
Some private attorneys charge by the hour. Hourly rates vary depending on the attorney’s reputation, level of experience, and geographical area.
Typically, the standard hourly rate is around $300 or more. Note that you may also incur additional charges. Attorneys may bill for other expenses such as subpoenas, copying costs, and specialist witness fees.
Hourly billing is favorable to clients whose case gets resolved quickly. However, cases that become more complex or lengthy can result in higher legal fees than you expected. Thus, to avoid surprises, it is essential to ask the attorney for an estimate of the total hours expected and compare rates with those of other attorneys before deciding who to hire.
Flat Fees
Not all lawyers bill you at an hourly rate; some opt for a flat rate to represent you. A flat rate is a fixed price that typically covers the total costs of handling a case. For instance, an attorney may agree to handle a first-offense DUI case for a set amount, such as $3,500.
It is essential to note that in many cases, the flat fee typically covers only pre-trial work. If the case goes to trial, a separate fee applies. However, some attorneys include trial work in the initial flat fee, while others may offer a separate rate for trial representation.
It is essential to clarify this detail before signing an agreement. The significant advantage of flat fees is that they can offer cost savings to clients whose cases do not require a trial for resolution.
This same advantage forms the basis for its disadvantage. It is still possible for clients to pay the entire flat fee if the case ends early. That is why it is also important to ask for details on refund policies and whether unused portions of the flat fee will be returned in such a case.
Retainer Agreements
Private attorneys generally require an advance payment before beginning work. This up-front payment is known as a retainer. Some lawyers treat the retainer as a down payment on hourly work, drawing funds from it as they spend time on the case.
For others, a retainer is a non-refundable flat fee. Also, it only covers a specific portion of the legal representation.
Regardless of how your attorney handles the retainer, you must obtain clarity on it. If the retainer is based on hourly billing, the lawyer may require the client to replenish the retainer as it becomes depleted. Failure to do so could result in the attorney withdrawing from the case.
You need to understand how it is applied, what it covers, and what happens if additional work is required. Your case may require court appearances, investigations, multiple rounds of negotiations, and the filing of legal motions. Ensure these are all addressed in the written agreement.
Final Words
It is essential that you understand and carefully consider the legal fees when engaging a private criminal defense attorney. To understand the structure of the fee, you should know whether the lawyer is charging you at a flat or hourly rate and what the retainer agreements entail.
Understanding the terms of payment and the services included in the fees you pay helps ensure that you can make informed decisions and avoid unexpected financial obligations.