In the first interview, the lawyer will want to discuss the fee if you decide to hire him or her. There are several different types of fee agreements. With a Flat Fee, you agree on a set rate for each stage of representation. In simple cases the flat fee may cover the entire case; in felony cases there may be a fee until the grand jury convenes, a second fee through arraignment in district court, another up through jury selection, and a final payment through the completion of the trial. No matter how much time the lawyer actually spends on the case, a flat fee should not increase without your approval. Because the defendant has little control over how involved a criminal case will become, many criminal defense clients prefer a flat fee. The lawyer will probably want a retainer up front to cover the first stage, with the remainder paid as each stage takes place. Criminal defense lawyers expect to be paid in full before the last court hearing.
With an Hourly Fee, the lawyer provides a regular billing statement detailing the time spent on the case. Based upon the total hours spent on your case at the agreed rate per hour, the statement will show the total amount due for that billing cycle. You are expected to keep current with your bill. Usually you must pay a retainer at the outset and keep a minimum balance in your client trust fund. In an hourly fee case, the client gambles on how many hours the lawyer may need to spend on the case. If the lawyer spends more time that you have funds to pay, you may need to apply for a public defender.
If you have Legal Insurance, some or all of your legal fees are covered under your insurance policy. Many employess with the State of New Mexico, and Los Alamos National Bank, carry ARAG legal insurance. We are ARAG Group Network Attorneys. A Contingent Fee means the lawyer gets his fee as a percentage, say one-third or forty percent, of the moneys collected in the lawsuit. Though common in personal injury suits, contingent fees are not allowed in criminal cases.
Unless you hire a private lawyer, you should apply for a Public Defender to represent you. Public Defenders are very busy because of their heavy caseloads, but they are fully licensed and very competent attorneys. Years ago, both Mr. Aarons and Mr. Jones were public defenders! If you do not qualify as "indigent" because of your reported income and assets, you may be required to fill out a promissory note to pay the State of New Mexico with interest before a public defender will be assigned. If you qualify, the appointed attorney will work free of charge. |
