Defending People

the tao of criminal defense trial lawyering

How Much?

Colin asked, in a comment to this post about criminal defense lawyers and criminal pretense lawyers,

“For those of us who aren’t lawyers, how much does a crappy defense lawyer usually cost? How much does a good defense attorney usually cost?”

There’s no good answer to those questions. The criminal pretense lawyer might ask $250 for a case that requires $5,000 worth of lawyering, or $1,000 for a case that needs $50,000 worth of brainpower. But some V-6s I’ve seen charge a boatload of money to sell their clients down the river. There are a couple of guys who get lots of referrals from inmates in the Federal Detention Center and charge lots of money — more money than I might charge to fight like hell — to do an objectively crappy job in federal court.

But inexpensive lawyers are not necessarily bad. When I was a young lawyer I charged some fees that more-experienced lawyers thought were scandalously low. I was hungry for work, and I didn’t know how to price my services. I remember taking a habitual aggravated robbery case (a 25-to-life case) for $2,500; later I heard the appointed lawyer whom I replaced on the case talking to a colleague: “some of these young lawyers are taking serious felony cases for $2,500,” he said, shaking his head. As New York criminal defense attorney Scott Greenfield writes, “The young but caring criminal defense lawyer offers the best chance of hope [for the working poor], but they aren’t easy to find for the regular person.”

If money seems to be the focus of a lawyer’s practice — if, for example, he advertises his fees, or if he undercuts other people’s fees, or if he charges for a consultation, or if he charges by the court appearance — that’s a pretty good indication that he’s not a warrior. Beware.

I usually won’t even talk about money over the phone, except in two circumstances that don’t apply in most cases. Money is the last thing I want to talk about with a potential client — I hate quoting fees. I’m a lousy businessman. In fact, I usually find that the fee that I think is appropriate for a given case is higher than some of my colleagues would charge. I don’t try to undercut them, though; I quote the fee that I think the case merits. More often than not the client hires me anyway.

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About The Author

Mark Bennett
Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

One Response to “How Much?”

  1. Scott Greenfield says:

    I do one thing very different than you. I often charge for a consult when I feel that the person is looking to pick my brain but go to a less expensive lawyer, or if I think the person is just shopping around. I’m no longer inclined to spend time with either and could be better put to use representing my clients.

    SHG