Expensive lawyer vs inexpensive lawyer

The Straight Dope

Bluelighter
Joined
Nov 19, 2008
Messages
326
For a felony case does it really make that much difference? I've talked to a lot of people and I get the feeling price tag doesn't necessarily dictate how good they're gonna be. I know someone who actually got it pretty good with just a public defender.
 
This isn't an easy question. The price difference does mean something. But does it mean you should go with the more expensive product?

Public defenders can be a special case. They may be young individuals seeking trial experience, who now have a few years or more under their belts and may be leaving shortly. They may have a ton of experience with your kind of case, know the players involved, and can work the case extremely well.

Then again, they may also be completely overloaded, lacking in experience, unable to find a job elsewhere for professional reasons, and so forth.

With a public defender, you'd want to ask how much experience they have with your kind of case; how many hours each week your case would likely require to handle with maximum effect; what kind of caseload they have, and how many hours they're already working per week on other cases; how long they've been a public defender, and why. Do not be shy.

With any other criminal lawyer, you'd want to ask similar questions. An inexpensive lawyer may mean a very competent, effective lawyer who is still somewhat new, and therefore without a large and reliable client base which would allow him to raise his rates. He may be especially enthusiastic, since he's building a practice, and he may be able to give you better representation than a more expensive lawyer. You'd still want to know he has good experience with criminal cases, and with YOUR type of criminal case, and you will want to know his prior professional experience (did he ever work at a firm or as a prosecutor, or public defender; did he clerk for a judge; etc.). Or he may be a lawyer whose practice is based on relatively simple cases, with which he has a lot of experience, but also where there is much more competition from other lawyers, driving down his rates; or the clientele who require services in such cases may simply be unable, for the most part, to pay much above a certain fee.

An expensive lawyer means that he has a reliable client base who can and are willing to pay his rates. This in itself is an indicator of competence and experience, but you'd want to ask the same questions you asked of the less expensive lawyers. However, his price may also reflect that he generally handles very complex cases, which may not be like your case at all, or that he's plugged into a good network of wealthy clients, doesn't handle all that many cases, but is trusted by people in that network, and so gets business sufficient to sustain his price.

My best advice to you is to ask questions. You'd need to make a decision rapidly, and so you'd want to have questions ready, and to be ready to make a decision quickly. But you've got to elicit information first, and the price isn't enough because it can mean different things.

Also: ask the lawyer what HE would ask before deciding on counsel. Listen carefully to his suggestions, see if there's anything you agree or disagree with, add anything useful to your list, and, if he's suggested something you haven't asked him yet, then ask him (he'll be waiting for it).

So, make up a list of questions. Ask, ask, ask. Write down answers. ASK for suggestions for choosing a lawyer. Write down those answers too.

And then, quickly, make a decision. This is a game where you're very constrained by time, and so you'll need to move on whatever information you can gather in that time.

The good news is that, as long as you pay attention, and as long as you give yourself SOME options, you'll almost certainly end up with competent counsel.

Final word:

Felonies can have a deep and long-lasting impact on your career choices going forward, and can require you to overcome substantial future obstacles that would not exist but for a felony conviction. A good lawyer, even if it turns out to be an expensive one, is worth it, given the stakes.
 
props on the glassjaw...

If anything get a lawyer who has (in the past) worked for the county attorney's office you are being charged in. This information should be on the attorney's website under his experience. He may be expensive, however he will be able to get you the best deal, even in a felony case.

More likely than not, an "inexpensive" lawyer is one who has little experience. You don't want to be some guy's training material.

None of this information is absolute, however after working for 3 different lawyers and interacting with the criminal justice systems of Houston and Austin, this is what I believe.
 
I guess theoretically price shouldn't matter. But on the flip side, you often get what you pay for.

As for the person you know who used the public defender, you didn't share any details of the case like what they were charged with. That person may have just had an easy case and gotten lucky because for the most part, I would STAY AWAY from a public defender.

All that being said, regardless of price, I would go with the lawyer your other criminal friends have had success with who IS NOT a public defender.

With my first DWI (yes, I've had more than one :() I asked 3 separate people who a good lawyer was and all 3 mentioned the same guy 8o it was a no-brainer. He was an excellent lawyer and not too expensive either.
 
The guy who got off easy was actually caught with FIFTEEN bags of heroin. The thing is I think his case was at a more lenient courthouse.

I got myself a 500 dollar lawyer when another one was trying to charge me 10,000 before I could talk him down to 5,000. The 500 dollar lawyer has done homicide and even death penalty cases in the past where the expensive one hasn't. He seems like a good guy and he tells me he can do some good for me, I just want to know I haven't shot myself in the foot by going cheap.
 
You should be fine.

Heuristic hit the nail on the head with the advice about asking questions. That's probably the most important part of obtaining adequate legal representation.

Maybe there's some research out there you can do on your own to find out about alternative sentencing (suspended imposition or execution of sentence, if that's available in your jurisdiction) or diversion programming (drug court, etc.), and start talking to your lawyer about those options just to see where his mind's at as far as negotiating your fate.

Good luck.
 
I agree with everything H said.

I just wanted to add that a lot of jurisdictions do public defenders differently. Some have a public defenders office which obviously get the majority of the cases for people who cannot and/or unwilling to pay for a lawyer. I find these offices vary in terms of their workload/willingness to work hard for their clients. Thus, I agree it's important to ask a lot of questions about their work environment, conditions etc.

Other jurisdictions have a rotating system where otherwise private criminal defense attorneys are told by a judge that they need to represent someone who is requesting the state to provide them with an attorney. Thus there isn't a public defender's office and it's even more unknown what kind of lawyer you're going to get. I would ask even more questions of this attorney.

I generally prefer the non-public defender office jurisdiction system for various reasons.
 
I concur with AR and H.

I believe you get what you pay for, and if you're in a felony situation and he/she requires a substantial retainer, it's probably because they're worth it.

There are significant exceptions, many great PDs who are fine public servants and extremely competent attorneys. But were I in your shoes (and I don't have any means to speak of) - I'd do my homework and get the best in the business. I am fortunate to have one on speed dial and although I am lucky that I've not needed him, he is known as the best in the biz for good reason.

www.martindale.com is a great resource to see what your prospective attorney is about - whether he or she is a discpline problem (the Bar gets mad easily, and rightfully so). The bottom line is that if you have a felony charge, you simply must get the best out there. You won't get anywhere by wondering, so stay the course IMO (and I am not a lawyer) and best of luck with your case.
 
Dude that website is awesome. I am really thankful you put that up there.

The cheaper lawyer I ended up getting has actually twice the amount of professional experience as the expensive ass one, and I'm really pleased to find out that he worked as asst. state's attorney.
 
I was charged with 2 DUI's, I hired the goog ole' boy everyone recommended in the south and wasn't convicted of either. It cost $4550 for both cases when it was all said and done but with fines and insurance increases I was looking at at least 10 grand. Plus I have no record ... duh.
 
+1 for heuristic. While expensive lawyer doesn't necessarily mean good lawyer, you probably increase the chances that you'll get a good lawyer when you find one who charges more based on his skills and experience. It's not a complete shot in the dark, but I wouldn't equate lawyers with cars or stereos and say money always equals talent. There are plenty of legal geniuses who have gone into low paying government jobs for a variety of reasons. Some of them can argue circles around the $500/hr guy in the Armani suit. But in the end, the best you can usually do is to ask around and research an attorney before you hire him.
 
you want to find the one who knows everybody in the system that u gonna be gettin prosecuted in...if dude is a big shot in fuckin Trenton, but ur charged in Newark, then that might not be the best plan, u dig? A lil about my experience to give u a idea....I was able to get a amazing lawyer (same one for all 3 of my cases) thru a unexpected way. I still feel blessed to this day cuz I thought i was gettin stuck w/ a public defender for SURE knowing my own and my familys $$ status, but i got a lucky suprise, and let me tell u...I woulda been fucked, up , down, sideways, backwards, and inside out if i hadnt had him representing me. Amazing is the only word to describe the plea deals he worked out for me and the job he did. one of those textbook cases of "saved by a technicality" in one of my cases, which happened to be the one with the biggest penalties (1-7 yrs state time) so i still thank him and am glad that he was representin me.

now back to the "go with the one people know" I been arrested and sentenced in THREE different counties...And in all 3 counties, when i was in the courtroom when my lawyer came in, the JUDGE, PROSECUTOR, and like 2 or 3 other ppl up in the front, when they seen him, was like, "HEYYYY, BUDDY! How ya BEEN?? Is so n so keepin u busy? Hope you doin good! hey, ill catch up wit ya next time when I see you at the bla bla bla police lawyer honors dinner next month!" i was like damn they all know him, and they all LIKE him....shit, that makes me feel a LOT better.

Word is bond, when I went up on the stand and shit before i got swore in and all that, the judge was makin small talk and bullshittin with my lawyer for a few seconds before they got the process of makin me the state of new jerseys bitch goin.

Thats the type of mutha fucka that u need. I kno the shits over with now, but my advice to anybody else out there would still be all that i just said. Expensive dont always = good, but u want to make sure that dude KNOWS PEOPLE...the people that are out to get u.

ALSO....Another good idea is to make sure that u get a lawyer whose practice is mostly made up of your type of case. Maybe some attorney is a bangin domestic abuse lawyer, or a grade A official child custody case lawyer but if you charged with drug manufacturing , that aint gonna do u much good, u feel me? U want at least 50% of his practice to be experience focused on defending ppl who did the same type of shit u did. A drugs/DWI/child support/divorce/personal injury/civil rights/sexual harassment/murder/white collar crime/assault lawyer aint the type of attorney u lookin for, they just a one size fits all. U got to get the one that fits ur needs.

Also see if u hear their name around alot. ask people that been charged with similar shit to you, and got off pretty good whether it was case dismissed, or just a real light penalty considerin the case they caught, who their lawyer was...once u hear a name a couple of times they prolly gonna be a good bet...In my case , dude represented one of the towns in the county i was gettin charged in at the time, he had represented some of the mafia dudes in the area, some big name mutha fuckas...And he did for me wat I never had even dared to hope for as far as the sentences he got me. and i do believe that if it had been anybody but him i wouldnt of made out so well. So yea, cost is part of it, but the shit that I mentioned is more important IMO. hope that info is useful for somebody atleast...
 
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