I hired an attorney to get some bogus DUI charges dismissed. We ended up going for a seven day trial. Is $17,000 reasonable if I was found not guilty?
I hired an attorney to get some bogus DUI charges dismissed. We ended up going for a seven day trial. Is $17,000 reasonable if I was found not guilty?
Rates vary from attorney to attorney, but this doesn't seem out of line to me.
Trials are extremely costly propositions.
I've never heard of a seven day trial for a DUI, but $250 per hour times 68 hours would be pretty standard for a case involving a seven day trial. Did you discuss rates and billing issues when you hired the lawyer? Did you sign an engagement letter when you hired the lawyer? What did it say?
Yes, we had a fee agreement for the DMV hearing and a 3-day trial. All those costs were paid up front, before trial started. Then on the third day, the lawyer tells me since this is going on longer, he needed more money. I gave him more, which brought the total to $17,000. I had already paid the retainer, cost of the DMV hearing, and cost of a 3-day trial, so I don't see how he could want another $17,000, but he does.
The thing is, I did a lot of work for him on my case, above and beyond what any "regular" client would do, because I am interested in becoming an attorney myself some day, so he had no problem with how involved I was. He was even grateful for my help, I thought. I found witnesses that his office had overlooked somehow and made him aware of some very specialized evidence that would have been left undiscovered had I not brought it to his attention. The witnesses were on the 9-11 tape, which he assured me there was nothing of value on the tape that we could use. I decided to listen to it for myself, and lo and behold, I found 3 witnesses who ended up testifying on my behalf. They gave their names to the dispatcher, but I had to dig a bit to get their addresses and phone numbers, which I turned over. I knew better than to try and contact them myself. This was something the lawyers office staff or investigator should have discovered, so in actuality, probably no one listened to that tape. I would have been found guilty if not for those witnesses. I also helped to file motions and did other types of office/legal work for him with his co-counsel in his absence, and with him, when his co-counsel was absent.
Also, after the trial was over and before I received his final bill (I didn't have a clue what awaited me), I got a notice from the DMV that said my license would be suspended for one year! After I was found not guilty of driving under the influence of anything! It was in the DMV hearing officer's statement that I discovered that the lawyer had incorrectly filed paperwork with the DMV. The hearing officer ignored the motion because it was "flawed", and he was within the law to do so. I didn't know anything about this until I got that in the mail. It was this mistake which caused the trial to go on longer than 3 days. Those extra 4 days dealt with what should have been dealt with at the DMV hearing, or soon thereafter, but well before trial.
Am I incorrect in thinking that I am due some compensation to offset this bill? I just don't believe that I could still owe anywhere near what he is demanding.
Oh, and the cherry on top, which unfortunately I can't use against him in court, (he has filed a civil suit against me) is that I spoke to another criminal attorney who also practices in this town, and he told me that this attorney has a reputation for doing this, that is, that my former lawyer makes a living out of suing former clients as much as in defending them. I described the whole thing to him, just as I have done here, and he said "for all that, I would have charged $10,000. $12,000 tops." Funny, when I began the story, he blurted out the lawyer's name. He knew who it was without my having to tell him. But he has forbidden me to use his name, or quote him.
"$17,000 reasonable if I was found not guilty?"
What price would have been reasonable if you were found guilty?
17K for a Misd DUI? Really? I would take the probation and all that crap before I wasted that kind of money. If you are innocent, try and plead down to reckless driving or something that wont have a bad effect on you.