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Finding a Private Defense Attorney

From the Nolo.com Criminal Law Center

When faced with criminal charges, trying to find the right lawyer -- quickly -- may feel overwhelming. Here's some guidance on how and where to search.

Recently arrested people often need to talk to a lawyer as soon as possible. The most urgent priority is often getting a lawyer to help arrange release and provide some information about what's to come in the days ahead.

If a defendant has been represented by a criminal defense lawyer in the past, that is usually the lawyer to call -- as long as the defendant was satisfied with the lawyer's services. If a defendant has no previous experience with criminal defense lawyers, he or she can look to the following sources for a referral:

  • Lawyers who have been trustworthy in the past. Most lawyers do "civil" (non-criminal) work, such as divorces, drafting wills, filing bankruptcies or representing people hurt in accidents. These lawyers can be excellent referral sources.

  • Family members or friends. Word of mouth from family or friends is a common source of information.

  • Martindale-Hubbell. Martindale-Hubbell directories identify lawyers according where they work and the type of law they practice. The directories even rate lawyers for competency. All law libraries have Martindale-Hubbell books; many general public libraries have them as well. Martindale-Hubbel can also be found online at http://www.martindale.com/.

  • Courthouses. Some defendants visit their local courthouse and sit through a few criminal hearings. When a particular lawyer impresses them, they ask for her card after the hearing is over, and then call for an appointment.

  • Public Defenders' Offices. Sometimes a public defender's office will provide referrals. This can be an especially useful source of information if you have reason to trust the public defender's office in question.

What a Private Lawyer is Likely to Cost

Attorneys set their own fees, which vary according to a number of factors:

  • The complexity of a case. Most attorneys charge more for felonies than for misdemeanors because felonies carry greater penalties and are likely to involve more work for the attorney.

  • The attorney's experience. Generally, less experienced attorneys set lower fees than their more experienced colleagues.

  • Geography. Just as gasoline and butter cost more in some parts of the country than others, so do lawyers.

According to a survey of readers reported in the February, 1996 issue of Consumer Reports, the median legal fee charged by lawyers in criminal cases was $1,500. Many defendants can expect to pay more than this, however. A defendant charged with a misdemeanor should not be surprised by a legal fee in the neighborhood of $3,000-$5,000; an attorney may want $15,000-$25,000 in a felony case. And most attorneys want all or a substantial portion of the fee paid up front.

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