How much should an attorney charge for the defense of a DUI case?
Sitting in court this month waiting our turn to be heard by the court, my client and I had an opportunity to watch other DUI attorney's in action: a public defender and a private criminal defense lawyer. In both cases, we observed the attorney's who were handling DUI matters but did not appear well versed in court procedure and DUI defense law. At our hearing, I intently questioned the officers training, argued key points for my client's case, and found myself explaining (i.e.: teaching) to the court what I considered to be basic DUI law supported by case law.
After our hearing, my client commented that she observed the extreme limits of DUI defense attorneys today: from one extreme of two attorney's who appeared to have a basic understanding of DUI law to the other extreme of a highly knowledgeable DUI attorney (myself). My client thereafter asked why there was such a gap in attorney knowledge and presentation.
I explained that attorneys are generally held to minimal standards in any given practice area. I also explained that the general rule is that the client gets what they pay for. In other words, the other two attorney's in court appeared to either have spent little time preparing for their respective DUI cases or were not very knowledgeable about DUI law (to his credit, the private criminal defense attorney stated to the court that he defended few DUI cases). I pointed out that if the client pays their defense attorney for one hour of professional services, then the attorney may be handicapped in properly presenting a defense or from doing extensive research to prepare for the defense, with the exception of the attorney who is assisting the client with a guilty plea. I also pointed out that the public defender typically handles four to six hundred cases at any given time and receives a court imposed fee ranging from $75 to $150 for a defense per client, hardly sufficient for any proper defense. After observing the other attorney's, my client stated that she understood why it was important to retain an experienced DUI lawyer and pay them a fair fee for services rendered.
When a potential client calls and asks how much I charge to defend a DUI or other type of criminal matter, I explain that no attorney can provide an adequate quote without knowing the facts UNLESS that attorney plans on helping the potential client plead guilty to the charges. Alternatively, I explain that I have heard of attorneys who quote outrageous fees to adequately cover their time to defend DUI cases because they do not know the facts of the cases in advance and desire to adequately cover their time to properly defend the client's matter.
In my practice I take extra efforts to fairly charge my clients for my legal services. I follow self imposed guidelines in estimating how much it will cost to defend a particular criminal and/or DUI case based on the work I expect to perform. To do this, I prefer to meet with potential clients in person if they are local or over the telephone if they live in other states and review their cases with them along with possible defenses. At that time I explain to the potential client that each case is fact dependent and only after I know most of the facts will I estimate how much time it will take, if any experts will be required, if any witnesses will be required, and how much I estimate I would charge for my services.
Post by Kentucky Criminal Defense Attorney Stephen Isaacs of Isaacs Law Office.
