If you are looking to hire an attorney to defend a DUI case in California, the first thing you will notice is the huge range of initial quotes. With very little effort you can find attorneys as low as $750 to as high as $30,000. The immediate question should be, “How can this be?”
First, understand that lawyers, like most other professionals, can set whatever fee they believe is appropriate so long as it is not deemed unconscionable. Second, fees can be set as a ‘pay as you go’, ‘flat fee’ or hourly, or any other way the client and lawyer agree. Finally, there is very little regulation of ‘teaser’ fees, so long as the understanding is made clear. We will look at each of these in a bit more detail.
When it comes to fee setting, lawyers, like other professionals, start with the basic premise that more experience is worth more money. A brand new doctor does not receive the same fee as the top surgeon in the field. The same is true with attorneys. Also, the more complicated the case, the higher the fee should be. While DUI defense may seem to be an easy situation, it is not. In fact, the American Bar Association has decided that DUI defense is so specialized that the ABA recognizes it as a sub field in law which can be Board Certified. When analyzing fees, look first at the experience level of the attorney, both in years and ability in the field, then look at the complexity of your case.
If all you want in your case is a quick disposition, this will cost less than if you need a full dismissal. If you think a rookie is just fine, the fee will be less than the top person in your jurisdiction.
The foregoing is fairly easy to understand and matches most people’s life experience. The different ways fees can be arranged is significantly more complicated. Most people think that lawyers will simply charge by the hour, and many do. However, there is no requirement that fees be based on hours worked. In fact, in DUI defense the general rule is for some type of flat fee arrangement. While hourly rates may be a good way to judge how much work an attorney is going to provide, it is NOT a good way to pay.
For example, good DUI representation will require attendance at 3 to 5 pre-trials1, conducting the DMV hearing, police report review, investigations and client meetings. Easily this is 10 to 15 hours, and if you figure that the current rate for entry level attorneys in other fields to be $200 per hour, with senior partners at over $750, then an hourly rate for a DUI case, WITHOUT TRIAL, would run between $2500 and $10,000. This is the range for good flat fee representation.
However, what happens if the court appearances last longer because there are a lot of cases? Or the DMV hearing cannot be concluded because a witness talks slowly? Maybe you have more questions than an hour can cover? One can see the hourly fees multiplying very quickly. Of course, there is also a conflict for the attorney to take MORE time to pad the fee. On the other hand, a FLAT FEE encourages your attorney to be as efficient as possible to obtain the result for which he or she was retained.
As just mentioned, FLAT FEE contracts are the most efficient way to go, PROVIDED YOU KNOW WHAT YOU ARE GETTING. The legal market has its share of advantage takers who offer allegedly low fees but cover little work. The most important caveat is to see what you are paying for. Words like “handle” or “negotiate” your case coupled with a low fee usually mean pleading you guilty. Attorneys who claim the case can be finished in one or two meetings in just a month or two are generally referred to as ‘dump trucks’. Meaning that they do minimal work, little if any investigation, and just plead people guilty.
A simple way to discover this is to ask to see the trials the attorney has done recently. If they can’t produce any, no matter how many reasons they give, it is a good sign they are NOT a true DUI defense attorney. If they cannot produce trials, what of Motions or other Contested hearings? Finally, do the math yourself. How much work do you think an attorney who charges $2500 but claims to be tops in the field will really perform? If they are worth $300 per hour, which is just a mid level fee, then you are getting only 8 hours of their time. Do you only want one days work on your case?
True flat fee work should include an UNLIMITED number of appearances (to protect you from paying if a judge or witness is sick and another appearance is required) up to a specific stage of the proceedings. The most common examples would be pre-trials up to a Motion to Dismiss, or all appearances up to trial and both should include the DMV hearing. Finally a good flat fee contract does NOT charge for discovery issues.
As mentioned above, there is no rule against “DUI’s from $995″. But check and ask what does this cover? If you are told it means an arraignment, and plea bargain discussions, ask what if you turn the offer down? What if you want blood retested? Does it cover witness interviews? How about reviewing the in car video or maybe videos from buildings at the scene. Unless the answer is an UNEQUIVOCAL YES, then you are subject to unknown fees down the road. Once again ask yourself, how much work will they really do for that little money.