how am i charged by a lawyer

Most attorneys bill in 0.1 hour (6 minutes) increments. When an attorney bills in 0.2 (12 minutes) or 0.25 hour (15 minute) increments, the amount billed does not reflect the actual work performed by the attorney. Such inflated bills are unacceptable and should be discounted.

Full Answer

When should you call a lawyer for a felony charge?

Call a lawyer if you are charged with a felony. The single most crucial step in the process of defending yourself against a felony charge is to contact an attorney. Every moment you spend in custody without an attorney fighting for you hurts your case.

Should I hire an attorney before charges are filed against me?

It’s best to hire an attorney before charges are filed against you. If you are accused of a crime, you may not take the accusations seriously because actual charges have not been filed against you. However, just because you have yet to be charged with a crime does not mean charges won’t be filed against you.

Do lawyers charge per hour or per day?

If you involve “lawyers prone to adversarial stances,” things will get much uglier—and much more expensive. Many lawyers charge “per hour,” but when it comes to billable hours, an hour isn’t always an hour, Robinson points out. What if you talk to your lawyer on the phone for 30 seconds?

Can a lawyer charge you for expenses and not share them?

If, for example, you agreed in that agreement that the attorney could charge you the expenses, and not share them with you, then you can say that you were misled about the amount of the expenses, or that you did not understand that. Also, is his $12,000 really all for expenses?

What happens if you don't collect a lawyer's fees?

Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What happens if a client is ethically transgressive?

If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.

Where does a lawyer have to keep money?

Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

What is not an hourly fee?

Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists.

You Could Request a Warrant Check and Ask for a Copy of the Police Report

If you suspect you may have been charged even though you haven’t been arrested or received any summons, you can always contact your local police department for information. By asking the department to conduct a warrant check, you can uncover any criminal charges that have been filed against you.

A Police Officer or Detective Could Just Show Up

Of course, the easiest way to tell that criminal charges have been filed against you is if police officers or detectives appear to arrest you in person. If you are formally arrested, you may be placed in handcuffs, taken to your local police station, and questioned.

When You Might Need a Criminal Defense Lawyer

You have been arrested. When you are arrested and taken to a police station, you will know for certain that you are facing criminal charges. An attorney can explain the charges that have been filed against you and help you understand what to expect.

Contact a Massachusetts Criminal Defense Attorney Today

At The Law Offices of Gerald J. Noonan, our lawyers have more than 30 years of experience helping Massachusetts clients who are facing criminal charges. We represent people from all backgrounds who have been charged with misdemeanors, felonies, and even federal crimes.

What happens if you are charged with a crime?

If you are actually being charged with a crime, one of the following will occur: 1. A police officer or detective will show up, put handcuffs on you and arrest you. He/she may give you a chance to make a statement first…as discussed in many of my blogs, you probably do not want to take that opportunity; 2.

What can a criminal defense attorney do?

An experienced criminal defense attorney can help you at the hearing itself as well as prepare for the hearing. If there is nothing to do, any decent attorney will tell you that. However, I find that there is usually much that can be done during the investigatory stage of a criminal investigation.

What happens if the clerk finds probable cause?

The hearing is before a Clerk Magistrate. If the Clerk finds that there is “Probable Cause” to issue the complaint, you will end up at an Arraignment (See #2, above). If not, the matter is disposed of and does not go on your record. You’ve dodged the criminal justice bullet.

What does it mean when you receive a summons?

You receive a summons which tells you that you are to appear for a Clerk Magistrate’s Hearing. This means that there will be a hearing to determine whether a criminal complaint should issue against you. The hearing is before a Clerk Magistrate.

What happens if you are arraigned?

If there is, the court will make sure you are represented for that hearing. Upon being arraigned, the criminal charges will be on your record. You need to show up or the court will issue a warrant for your arrest.; or. 3. You receive a summons which tells you that you are to appear for a Clerk Magistrate’s Hearing.

Can a lawyer mislead you?

They will generally use the opportunity to improve the case that they are already building against you. Toward that end, the law says that they may mislead and outright lie to you to trick you into making some kind of statement they can use against you. You may or may not know what they are after or what they suspect.

Do police have to notify suspects?

Many people assume that law enforcement has some kind of duty to notify a suspect before they seek criminal charges against them. This is not true. In fact, to the contrary, the police often try to catch a suspect by surprise when arresting him or her so that the suspect does not flee.

What does an attorney do when you are accused of a crime?

Your attorney can explain the charges you may be facing. If you are accused of a crime, your attorney can explain what the crimes mean, the effects it can have on your life and what to do during this difficult time. An experienced attorney with familiarity in the court system of the area in which the crime took place can determine whether certain ...

Why don't you take charges seriously?

If you are accused of a crime, you may not take the accusations seriously because actual charges have not been filed against you. However, just because you have yet to be charged with a crime does not mean charges won’t be filed against you. What may be taking place is a pre-filing investigation.

What is a pre-filing investigation?

During a pre-filing investigation, the police analyze a case to try to find more evidence or try to make sense of any hidden or ambiguous facts before charges are filed. The following are six reasons why you need to hire an experienced criminal defense attorney as soon as you suspect you may ...

How long does it take for a criminal case to be filed?

Your attorney will continually monitor the status of your case. A pre-filing investigation can take a long time. It can take weeks, months or even years for criminal charges to be filed against a person.

Why is it important to retain an attorney?

If you are accused of a crime , it is important to retain an experienced attorney as soon as possible to review your case and start building a strong defense against the charges against you. The more time your attorney has to prepare your defense, the stronger your defense can be. Your attorney will review evidence, ...

Can an attorney speak to police?

Your attorney can speak to law enforcement for you. Before criminal charges are filed against you, the police may try to speak to you regarding your case. The police may try to talk to you informally about your case in-person or over the phone to try to get more information or even a confession from you. They may seem casual and may even tell you ...

Can a defense attorney monitor a prosecutor?

Without a defense attorney to monitor the prosecutor, the prosecutor can aggressively file charges against you with little to no oversight. An experienced attorney can monitor the prosecutor to make sure no outrageous charges are filed against you. 2. Your attorney can speak to law enforcement for you. Before criminal charges are filed ...

How to defend yourself against a felony charge?

The single most crucial step in the process of defending yourself against a felony charge is to contact an attorney. Every moment you spend in custody without an attorney fighting for you hurts your case. It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime.

What is a felony charge?

A felony charge is a serious accusation with potentially life-changing consequences. If you or someone you care about has been charged with a felony, you will need an experienced and aggressive attorney to help you in your case.

What is the difference between a misdemeanor and a felony?

Generally, a misdemeanor is punished by time in county jail, a fine or both. A felony carries more severe potential penalties, including a prison or county jail sentence . In addition, you may have to pay restitution to the victim of the crime. You could also lose certain rights once you are released from prison if you are convicted of a felony.

How long does it take to get out of custody after arraignment?

If that were to happen, the accused would be released from custody within two or three days without having to post bail. Bail bondsman charge a 10% fee.

What happens if you are convicted of a felony?

If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time.

Why is it important to hire a criminal defense attorney?

It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime. The prosecutor will know all the technicalities of the law that you may not know, and most of all, they will know how to sell you on agreeing to a plea bargain that will seem like your best option.

How to avoid incriminating yourself?

The easiest way to avoid incriminating yourself is to remain silent. If you find yourself in custody, refuse to answer any questions and politely insist that you will not answer anything without a lawyer present. You do not need to act hostile toward the police in order to exercise your right to remain silent.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

What is an attorney expected to do?

Attorneys are expected to perform with honesty, integrity, and to the best of their ability. Fortunately, this is usually the case. Generally, your attorney will be dedicated, competent, and fighting on your side, 100%. However, sometimes this is not the case, and attorneys behave negligently, or sometimes even downright maliciously.

How can an attorney commit fraud?

Some of the ways in which an attorney can commit fraud are as follows: Misrepresenting the law. Misrepresenting expenses, court costs, or fees. Misappropriating settlement funds or paid judgments. Lying to a client about why he or she did not receive full payment of their rightful share of funds.

What are the rules of professional conduct?

The American Bar Association Model Rules of Professional Conduct states that it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.” As such, lawyers are prohibited from submitting false evidence and engaging in any sort of dishonest behavior, both in and outside of the courtroom. Some of the ways in which an attorney can commit fraud are as follows: 1 Misrepresenting the law 2 Misrepresenting expenses, court costs, or fees 3 Misappropriating settlement funds or paid judgments 4 Lying to a client about why he or she did not receive full payment of their rightful share of funds. 5 Providing you with false credentials to persuade you to hire him or her. 6 Making fraudulent, non-fulfilled promises 7 Fraudulently assuring you he or she was working on your case when he or she was not 8 Lying about failure-to-disclose court conferences and hearings 9 Fraudulent failure to reveal major milestones in the case 10 Misrepresenting the settlement offer to sway the client to take a higher or lower figure 11 Fraudulently concealing records or letters provided by the opposing side 12 Fraudulently concealing court orders or other court documents

What is professional misconduct in the bar?

The American Bar Association Model Rules of Professional Conduct states that it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”.