How Should I Pay an Attorney if the Charges Are Dropped?
Full Question:
Answer:
Typically, in a criminal matter, an attorney is typically paid either an hourly rate or a flat fee. The agreement you make with the attorney will be a matter of negotiation between yourself and the attorney. If you seek to have a reduced fee in the event that the charges are dropped, you should communicate that upfront when negotiating the fee agreement and have the terms included in writing to avoid a future dispute. The ultimate agreement will be a matter of personal judgment (such as what you are willing to pay), attorney pricing polcy, and negotiation between the parties.
Many attorneys will offer a free initial consultation. If the case is accepted, the attorney will likely want to collect a fee of some type for the time invested in reviewing the case, creating the client file, etc. regardless of whether the charges are dropped or not. Whatever the agreement is, it should be clearly explained in writing what the total fees and charges will be in both cases, where the charges are dropped and where they are not. Attorneys often include costs and expenses, such as copying costs, on top of the flat fee or hourly rate, so this should also be explained in the agreement. You may wish to consult with several attorneys to compare rates.
For further discussion, please see:
http://www.lectlaw.com/files/cos79.htm
