Wednesday, August 29, 2012

What Causes The Differences In Criminal Defense Lawyer's Fees

By Jhon Morkel


There several factors that typically affect the legal fees charged by criminal defense lawyers. There are many contributory factors that would lead up to the amount that any client who is facing criminal charges in court would have to pay his or her lawyer. We will look into what these factors are and, at the same time, we will try to understand their impact on the final figure that will eventually have to be paid by the client to his lawyer.

Let me reiterate that, in most jurisdictions, lawyers do not charge their clients with legal fees that have been determined arbitrarily or at random. It is different from your usual buyer-seller relationship, which is done on a basis where the seller charges any amount that he thinks the buyer is willing to pay. There are certain rules - the quanta of counsel remuneration - which governs the determination of the legal fees of lawyers. These rules have to be followed. It is meant to set the minimums that the lawyers can charge their clients.

The purpose of setting the minimums is to avoid the undercutting of professional colleagues by lawyers who set their rates too low in order to attract more clients. Although the minimum amount is set, there is no maximum amount that is specified. The lawyers can charge as high as they want. It is this absence of a ceiling that has brought about the differences in the legal rates that lawyers charge their clients. Let us look into the other factors that bring about such variations.

In determining what to charge their clients, criminal defense lawyers typically look (first) at the types of cases the clients have. Between a murder case and a case of petty theft, the lawyer would charge more for mounting a defense for the first case. The justification for the higher fees charged to the client facing a murder case would be in the fact that such a case is likely to be long drawn out. The lawyer would also be expected to conduct more planning and more in-depth research in order to build a strong case for his client. This is an obvious reason for the increase in the legal fees.

Further, in determining what to charge their clients, lawyers who appear for clients in criminal trials look at the specific stages (within the lives of the trials) at which they are retained to represent the clients. Thus, for any given case, a lawyer who is engaged right from the beginning is (quite naturally) likely to charge more than one who is engaged at some point within the life of the proceedings.

There is no denying that the professional standing of the lawyer, including his respectability, would also have an effect on the amount that will be charged the client. Naturally, the high-profile lawyers would earn more since they would charge more in legal fees than the lawyers who have a modest standing or are still considered 'upcoming'.




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