Legal Question in Criminal Law in California

Re: Preliminary Hearing

I don't know who you've been talking to, or whether you've correctly understood them, BUT, I and other criminal attorneys would be happy to represent you all the way through trial, as long as you pay the substantial fees that would take, and understand the risks you face if you lose at trial - compared to a plea bargain 'deal'. You may have not understood that the attorneys were telling you their initial fee quote only covered up through some particular hearing, with more and higher fees thereafter. I operate the same way generally. Feel free to contact me if serious about getting the legal help you seek, and answers to your questions so that you know what to expect.

Re: Preliminary Hearing

It depends. The issue is not necessarily whether they charge for the Prelim but how much they charge for what. Also, I think the main criterium for you should be whether you feel comfortable and confident with the lawyer, and whether they are too expensive for you, rather than the way he or she structures his/her retainer agreements.

Most commonly, a felony case retainer will cover appearances up to and including the Preliminary Hearing. The reason is that once a lawyer becomes the attorney of record he will be obligated to represent client at Prelim if the case goes that far, and the court will not relieve him before Prelim on the grounds that he might not have been fully paid for the Prelim. In other words, the lawyer is "stuck" with the representation through the Prelim regardless whether the client fully pays him or her or not.

Personally, often I offer clients staggered retainers which include significant discounts if the case resolves or gets dismissed before the Prelim. My retainer will specify the total fee inclusive of the Preliminary hearing but will be discounted if the case requires only two or three appearances, for example. I think in many cases it is a very fair and efficient arrangement from the client's point of view. Perhaps you could negotiate something similar.

Generally, I also offer payment plans so the client does not have to pay for everything up front. Ask for a payment plan.

At your service,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Preliminary Hearing

As has been alluded to, your ability to pay is what really is going to make yoru attorney comfortable.

This is just as his courtroom experience is what is going to make you comfortable. You should find an attorney you feel comfortable with that you can afford to pay what they request as a retainer.

Re: Preliminary Hearing

It sounds to me like you may be confusing what the retainer agreement states regarding the attorney fees. The agreement should be specific as to what you are paying for. If the agreement states the fees cover this portion of the case that does not mean the attorney is only willing to representation you that through that portion of your case. The attorney generally wants to represent clients throughout their entire case. Generally in felony cases attorneys charge fees that cover certain portions or procedure regarding the procedural movement of the case toward actual trial. Most defense attorneys structure their fee agreements so that the initial amount charged to the client includes the attorney's services up to the Preliminary hearing. If the case proceeds further the attorney's agreement may state that a new agreement must be executed and additional fees will apply. In a felony matter depending on when the potential client seeks out an attorney there may be a lot do before the case moves through the different procedural sections or the client may have been using a public defender and then changes their mind and wants a private attorney. This could happen and although the court will generally give the new attorney some time to get up to speed in the case, the attorney must make sure he gets paid for his services. Felonies are generally expensive and the attorney does not want to find themselves in a situation where the client is not paying for the work the attorney is doing. So attorneys generally charge the fees in amounts that cover certain procedural sections of the case. It also insures the prospective client does not pay to much for the attorney's services. If attorney's charged for everything at the beginning the fees would all be higher because the attorney would have to assume all cases will go to trial. The general public really does not understand the responsibilities and risks attorneys take when they accept cases. Generally attorneys are welcome to take those risks and accept those responsibilities as part of the job when they are being compensated for their work. No attorney wants to find themselves in a situation where the must take the risks and responsibilities and they are not getting paid. It happens more than you think. So ask the attorney exactly what the agreement means and it should be completely explained to you. It sounds like this attorney did not explain to you the way the fees work. You need to feel comfortable with your attorney and you must be able to talk with them. If you are having trouble now and you are just starting you may want to take that into consideration when making your decision regarding your representation. Good luck