Hiring a Federal Drug Lawyer: Questions to Ask Before You Pay a Retainer.

Although we don’t see a national average for federal-defense retainers anywhere on the web, many sources describe initial retainer fees from $5,000 to $50,000 for serious criminal charges. An attorney forum response describes a $25,000 retainer as ordinary for some federal cases. Another source states that federal defense fees often range from $12,000 to more than $25,000.

Factors That Affect Federal Criminal Defense Fees

As noted above, there is no “average” retainer fee. Instead, defense fees depend on the circumstances of each case. The same attorneys often charge different amounts for cases with different charges, evidence, co-defendants, venues, timelines, and complexities. When asking a federal-defense lawyer how much it will cost to handle your case, you will likely need to explain what you are facing (if you know) and answer these (and other) questions:

• How many charges are you facing? What are the charges?
• What are the potential sentences?
• How much evidence is the government likely to produce?
• Are you one of multiple defendants?
• Is a pre-trial detention hearing or other time-sensitive issue imminent?
• Is the case going to go to trial, or are you hoping to resolve it in pretrial negotiations?
• What are your goals?
• Are there anything else about the circumstances of the case that might affect the lawyer’s costs?
• What is your experience with the federal criminal justice system?

Keep in mind that attorneys who have more experience and a better reputation in a particular area of law tend to charge higher fees. The costs you can expect will depend not only on the nature of your case, but also on the lawyer you choose.

What can you do if private federal-defense payments are unaffordable?

What Can I Do If I Can’t Afford a Private Federal-Defense Lawyer?

If you can’t afford to hire a private defense lawyer, the Criminal Justice Act guarantees you federally appointed counsel (federal public defense) if you are financially eligible. The Criminal Justice Act provides representation through Federal Public Defender or community defender organizations and through private attorneys selected from a court-approved panel, under each district’s CJA plan. Appointed defense attorneys are qualified by appointment to represent indigent defendants.

What Can I Do to Control the Cost of Hiring a Private Federal-Defense Lawyer?

The cost of federal criminal defense is largely out of a defendant’s control. Nonetheless, if you can afford to hire a private lawyer, there are a few ways you may be able to control your costs:

• Payment Plans, Many private federal-defense attorneys offer some type of payment plan. This may involve automatic monthly charges to a credit or debit card or another form of automatic payment.
• Phased Retainer Arrangements, In some cases, you may be able to arrange phased retainer payments. For example, you may be able to pay one retainer fee for representation through pretrial negotiations. If the case proceeds to trial, you may then pay a second retainer fee.
• Paying Up Front in Cash, Some lawyers will discount the retainer if you pay up front.
• Pro Bono Defense, In the majority of cases, private federal-defense lawyers will not take on appointed counsel cases pro bono. Nonetheless, you may want to ask about the availability of a pro bono defense in your particular situation.

Can I Structure My Legal Fee Payments as a Contingency?

No, federal criminal-defense lawyers cannot structure their fees as contingency payments. Structuring legal fees as a percentage of the amount saved by pre-trial negotiation or a favorable trial verdict would generally be a prohibited contingent fee for representing a criminal defendant.

How Can I Compare Federal Drug-Defense Retainers When the Cases Are Not Priced on Equal Assumptions?

Many defendants find that comparing quotes for their legal fees is like comparing “apples and oranges.” As noted above, factors such as whether you are likely to face a trial or a plea offer, how much discovery there is, the number of charges you are facing, whether you have co-defendants, the fees you will need to pay to experts and other third parties, and so on. The more you learn about the federal criminal case you are facing, the better you can make informed decisions about which defense lawyer you want to retain. However, if you aren’t sure about these factors yet, you will need to look closely at how the quoted retainer reflects your risk.

What Factors Should I Consider When Comparing Quotes for Federal Criminal Defense?

If you are comparing quotes from different attorneys, you should look closely at the assumptions that are baked into the quoted amount. Some of the factors that can make a difference include:

• Trial Preparation. Generally, preparing for trial requires substantially more work than seeking dismissal or negotiating a plea deal, and trial preparation costs should be reflected in the quoted amount.
• Volume of Discovery. “Discovery” refers to the evidence the government has against you. Discovery can include thousands of documents, including emails and financial records, as well as thousands of photos, videos, and digital evidence files. The more there is to discover, analyze, and challenge, the more a lawyer will likely charge.
• Number of Charges. If you are facing multiple charges, each of the alleged charges must be separately analyzed. In some cases, they may be a similar and related offense, but this does not mean that each one will not require its own unique defense strategy.
• Presence of Co-Defendants. Cases involving co-defendants present unique challenges. Negotiations with prosecutors, conflicts with co-defendants, investigations, and overall trial strategy all can be complicated by the fact that you aren’t the only defendant.
• Investigators and Experts. In some cases, it is necessary to hire private investigators or forensic accountants. Digital evidence often requires a digital expert to analyze, and other types of evidence can be equally important to address by hiring a certified expert witness to testify.

Do Attorneys Charge for the Expenses of Private Investigators, Forensic Accountants, and Experts?

Hiring investigators, accountants, and expert witnesses usually requires additional fees. The amount that you will be charged for these services will likely be billed separately from your legal fees.

Spodek Law Group states its position plainly on its own front page: we owe loyalty to only you.

How Will the Retainer be Billed, Replenished, and Refunded During the Course of My Case?

When requesting and negotiating the payment of your retainer, you should always ask these questions as well. These are important questions that have little to do with the financial aspects of hiring a federal defense lawyer, but that have a very great deal to do with when and how much you may need to pay.

What Is the Difference Between a Flat Fee and an Hourly Legal Fee Arrangement?

There are two primary ways of billing legal fees. Flat fees are common for simpler legal matters that require relatively predictable and limited work. These are most common in civil litigation, but are used in some federal criminal cases. Hourly arrangements provide for billing attorney time spent on the case against an advance retainer balance. As a result, the final cost of federal defense under an hourly arrangement is less predictable than under a flat fee arrangement.

What Does It Mean When a Retainer Is “Phased”?

Some firms charge retainer fees for different stages of the case. This allows a defendant to understand the basic costs of each phase of their defense. Generally, when a retainer is phased, the defendant will pay the first retainer, and then, if the case progresses to the next phase, the defendant will pay the next retainer. The fee for each phase of a federal-defense lawyer’s services will reflect the complexity and amount of work that attorneys expect to perform for that stage.

What Does It Mean to “Replenish” the Retainer?

In some cases, federal criminal defense lawyers will require the retainer to be replenished. This is often the case when the retainer is billed on an hourly basis. The lawyer will determine the attorney fees due each month and deduct that amount from the retainer. When the retainer balance is gone (or falls below the amount the attorney considers the “threshold”), the attorney will bill the defendant for an additional deposit. The method of replenishment and the replenishment threshold (if any) should be clearly set forth in the engagement agreement. The agreement should also set forth the terms and conditions of the refund of any unused retainer balance upon termination of the attorney’s representation.

Who Will Investigate, Litigate, and Handle My Case After I Retain Your Firm?

As discussed in the previous sections, your choice of attorney should be informed by their reputation, knowledge, and experience. It should not be informed by a perceived “lack” of an award-winning practice. Once you have narrowed your choice to a handful of firms, you will need to learn more about the quality of the attorneys and staff you will pay to represent you.

How Can I Test a Federal Criminal Defense Lawyer’s Experience?

When talking with a federal criminal defense lawyer, you can ask questions to get a better sense of their experience. For example, ask a prospective federal-defense lawyer:

• How many times have you appeared in federal court in the past year?
• How many jury trials have you handled in the past year?
• How many sentencings have you handled in the past year?

Does the Lawyer That Interviewed Me personally investigate, litigate, and handle the case?

The lawyer who interviews you will not necessarily be the attorney who handles your case. When choosing a firm, you want to learn who will be investigating, litigating, and handling your federal drug-defense case. Ask:

• Will you personally be handling all aspects of my case?
• If you aren’t, who are the attorneys, investigators, paralegals, and other employees that will work on my case?

What Are Your Firm’s Standards for Client Communication?

Once you have learned how the lawyers, investigators, paralegals, and others you pay to represent you identify themselves, you need to ask about how they handle communications. You should be able to call, email, or text your attorney with questions. When you have legal or procedural questions about your case, you should be able to contact the attorneys and support staff who are handling your case without being given the runaround. When you have an urgent question about your case, you should be able to get an answer to your question in hours, not days, of the question being sent. How long will it take to get answers to my questions?

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028 to speak with our team.