Quote:
Originally Posted by white_wolf
After reading the forums, I think I should have a lawyer. But, I have no clue on how retainers work, or even if the lawyer would still be able to help me if his practice is not in the state I was arrested in.
So in short.
What is a retainer?
How do they work?
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My views about retainers are a little different from jframe2's.
As an aside, I'll say a few words about paying a lawyer. An attorney can work at a flat rate, which means he charges a set fee for a project. For example, say you were arrested on suspicion of having committed the offense of DWI. I would charge you a flat rate to defend you, and I may work 5 hours on the case or 50, depending on the circumstances of the particular case. A lawyer may also be paid by the hour to work. Finally, a lawyer may be paid a contingency fee, meaning whether he's paid is contingent (that is, dependent) on whether the client recovers money. So if a jury awards a plaintiff money, the attorney takes a percentage, determined by the contract between the attorney and client. If the plaintiff recovers no money, the lawyer doesn't get paid. Contingency fee arrangements are permitted in civil cases only (at least in Texas). Not that criminal defendants recover money, but in the sense that payment for representation in a criminal case can't be dependent on the outcome. For example, in Texas a lawyer can't be paid one fee if his client is found guilty and another fee if his client is acquitted.
Retainer agreements between attorneys and clients in both civil and criminal matters are a bit different. Regarding civil matters, a business may retain an attorney to be on board in the event the business has a question regarding a policy or a specific situation that may lead to litigation. The advantage to a business to have a retained attorney is the attorney will presumably have knowledge of the operations of the business which should make his advice more tailored to his client's needs. Another advantage is the business doesn't have to search for a lawyer each time it needs help. The client also buys peace of mind and relative certainty. A final advantage might be cost. For example, if a client who's retained me calls me to talk for a few minutes about an issue, chances are I won't bill them.
Criminal retainer programs obviously vary by attorney. I offer a criminal retainer program to hobbyists and providers and charge a flat fee for the following services:
1. I will answer the client's questions during an initial, in-person meeting;
2. I will answer the client's questions in the future, within reason; and
3. I will arrange a bail bond if the client is arrested and the client wants me to arrange a bond.
If a client is charged with an offense and wants to retain me to defend him, I credit the retainer fee toward the fee for the defense.
The advantages of such a criminal retainer program are the same as those for a civil retainer. The client receives reasoned, experienced, and knowledgeable advice to prevent them from being arrested. They buy peace of mind and certainty. In the event they are arrested, they may be bonded from jail quickly, discreetly, and with reduced expense.
Quote:
Originally Posted by white_wolf
Can the lawyer on retainer still help me if I have been arrested in a different state than his/her practice?
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I think you may be talking about two different situations. In the first situation, the client lives in State A and the attorney is licensed to practice in State B, and the client hobbies only in State A. I would not suggest that the client hire this attorney because the attorney is not licensed to practice in the client's home state.
The other situation is the client hobbies when he travels. Infrequently, I've had clients who retained me get busted outside of Texas (which is where I live). It wasn't that difficult for me to arrange their bond. If the client is charged with a crime outside Texas, I can find them 3-5 qualified lawyers in that state to talk to because I either know attorneys in that state or I can check the membership list of one of the criminal defense attorney organizations I belong to. But sometimes, depending on the circumstances, I have represented clients in criminal cases outside Texas. What I do in such situations is file a motion (called a
pro hac vice motion) to be admitted in the court in the state outside Texas for purposes of the case(s) only. ('
Pro hace vice' is Latin for 'this time only.') Since I've been practicing law a long time, I've never had a
pro hac vice motion denied. I live in Dallas. To me, there's not a great deal of difference between handling a case in San Antonio, which is about 275 miles from Dallas, and a case in Oklahoma City, which is about 205 miles from Dallas.
By the way, I think it is a myth that a person should hire a criminal defense attorney who practices where the case is filed. For example, I don't have a high opinion of the defense bars in Collin and Denton County, Texas, because I think they kowtow to the prosecutors. On the other hand, there are many fine members of the Dallas County defense bar. A seasoned lawyer can learn local practices and rules. The key is their capability, not geography. Also, being an 'outsider' can be an advantage, especially in small towns. I don't give a shit who I might piss off in zealously representing my client. My only concern is that my client get the best possible outcome. In the 'good ol' boy' networks in some small towns, defense attorneys go along to get along with judges and prosecutors because they have to deal with them every day.
retainers
