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Not sure if that's the right term, but is it a good idea for a bb'er to keep a lawyer on retainer? What's the cost? What advantage is it versus just finding one if you need 'em?
Kepping a lawyer on retainer?
- Thread starter Skepticore
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Skepticore
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Also, what you you tell them?
Lawyer on Retainer
If you get busted, you need a good criminal defense lawyer. The issue is, when do you retain him? Most criminal defense lawyers are readily available 24/7 in an emergency, so it's usually not a problem getting one in a pinch. The advantage to having one in advance is that you can say, "My lawyer is X and he's advised me not to answer any questions." But of course, you can say that even if you haven't actually paid him yet.
And sometimes you really don't know who the best lawyer for the job is until the bust actually goes down. The case could be a simple msidemeanor or a serious felony. It could be state or federal (many good defense lawyers only do one or the other). It could involve complex search and seizure isssues. Depending on the facts, it could be best handled by a schmoozy negotiator or by a hard-nosed bully. The best lawyer for one factual/legal situation may be terrible for another. In situations where I've referred a person to a local attorney, I've spent tons of time researching the lawyers in the area and checking them out in an effort to get the right lawyer for the unique specifics of that case. It's not always easy.
Plus, how much of a retainer is appropriate for a non-existent, purely speculative case on which there's no work to be done? $100? $500? $1,000? If the bust winds up being a federal felony case, all three sums combined wouldn't be a reasonable initial retainer.
Personally, I don't like baby-sitting people's money. If you're playing on the dark side, make sure a close family member has a good lawyer's phone number and sufficient liquid funds to cover a retainer.
If you get busted, you need a good criminal defense lawyer. The issue is, when do you retain him? Most criminal defense lawyers are readily available 24/7 in an emergency, so it's usually not a problem getting one in a pinch. The advantage to having one in advance is that you can say, "My lawyer is X and he's advised me not to answer any questions." But of course, you can say that even if you haven't actually paid him yet.
And sometimes you really don't know who the best lawyer for the job is until the bust actually goes down. The case could be a simple msidemeanor or a serious felony. It could be state or federal (many good defense lawyers only do one or the other). It could involve complex search and seizure isssues. Depending on the facts, it could be best handled by a schmoozy negotiator or by a hard-nosed bully. The best lawyer for one factual/legal situation may be terrible for another. In situations where I've referred a person to a local attorney, I've spent tons of time researching the lawyers in the area and checking them out in an effort to get the right lawyer for the unique specifics of that case. It's not always easy.
Plus, how much of a retainer is appropriate for a non-existent, purely speculative case on which there's no work to be done? $100? $500? $1,000? If the bust winds up being a federal felony case, all three sums combined wouldn't be a reasonable initial retainer.
Personally, I don't like baby-sitting people's money. If you're playing on the dark side, make sure a close family member has a good lawyer's phone number and sufficient liquid funds to cover a retainer.
C
Citruscide
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Rick is more than just an attorney... he's a brother. 
C-ditty
C-ditty
Skepticore
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Damn Rick, YOU ARE THE MAN! ! ! Do you take Karma Express?
Would you personally be available to refer someone to a good lawyer? If yes, what would YOUR fee be for a simple referral?
Would you personally be available to refer someone to a good lawyer? If yes, what would YOUR fee be for a simple referral?
Referrals
I commonly get calls from guys in distant places who want me to personally take their cases. Logistically, I just can't always do it. Besides, for reasons I've discussed elsewhere, I think many cases are best served by having a local lawyer (with a personal relationship with the judge or prosecutor) be the primary lawyer ("public face") of the case, especially in small town courts. So, I frequently make referrals to qualified local counsel.
You can certainly hire and pay any lawyer directly and specifically for the purpose of locating and "pre-screening" other lawyers. Basically, you pay two lawyers then, but only the second one really does work on your case. The first lawyer would probably charge either a flat fee or hourly fees for his time and effort.
Another alternative: it is customary and ethical among lawyers in many jurisdictions to pay a "referral fee" to a lawyer who refers a case. In some jurisdictions, the referring lawyer must provide some nominal "participation" in the case. But the sum must come from the lawyer's fee, not from the client's pocket. It's usually a percentage of the fee, and the overall fee shouldn't be "jacked up" or inflated to cover the referral.
A practical problem with both scenarios in steroid cases, I've come to find, is as follows. Understandably, even the very best criminal lawyers are almost always totally clueless about steroids (health risks, laws, etc.) Their preexisting biases can color their views on the client and the case (I've spoken to top-notch criminal defense lawyers who doggedly argued with me about the supposed role of steroids in Lyle Alzado's death). Unless a lawyer is properly educated, how can he effective educate a rigid judge or prosecutor in a situation where ignorance is having an adverse effect upon plea or sentence?
So, both the clients and the lawyers almost always want me to stay involved in the case as part of the defense "team." Typically, it's either as co-counsel or as a consultant, and involves taking a continuing interest in the case. I try to bring the lawyer up to speed (as much as possible) on the subject matter, review the warrant and paperwork, point out case flaws and weaknesses, and generally be available for unexpected developments. Since many lawyers are already comfortable with the concept of "referral fees," they are usually very amenable to sharing the fee between us in a way that is fair and equitable based on the work done. After all, my efforts and suggestions almost always save them lots of time "re-inventing the wheel." Essentially, the client gets two lawyers (a "dream team" with complimentary assets) who share the work for the price of one. Most clients insist on this type of arrangement, and in practice it works amazingly well. I have become absolutely convinced that this approach yields the consistently best results in steroid cases.
I commonly get calls from guys in distant places who want me to personally take their cases. Logistically, I just can't always do it. Besides, for reasons I've discussed elsewhere, I think many cases are best served by having a local lawyer (with a personal relationship with the judge or prosecutor) be the primary lawyer ("public face") of the case, especially in small town courts. So, I frequently make referrals to qualified local counsel.
You can certainly hire and pay any lawyer directly and specifically for the purpose of locating and "pre-screening" other lawyers. Basically, you pay two lawyers then, but only the second one really does work on your case. The first lawyer would probably charge either a flat fee or hourly fees for his time and effort.
Another alternative: it is customary and ethical among lawyers in many jurisdictions to pay a "referral fee" to a lawyer who refers a case. In some jurisdictions, the referring lawyer must provide some nominal "participation" in the case. But the sum must come from the lawyer's fee, not from the client's pocket. It's usually a percentage of the fee, and the overall fee shouldn't be "jacked up" or inflated to cover the referral.
A practical problem with both scenarios in steroid cases, I've come to find, is as follows. Understandably, even the very best criminal lawyers are almost always totally clueless about steroids (health risks, laws, etc.) Their preexisting biases can color their views on the client and the case (I've spoken to top-notch criminal defense lawyers who doggedly argued with me about the supposed role of steroids in Lyle Alzado's death). Unless a lawyer is properly educated, how can he effective educate a rigid judge or prosecutor in a situation where ignorance is having an adverse effect upon plea or sentence?
So, both the clients and the lawyers almost always want me to stay involved in the case as part of the defense "team." Typically, it's either as co-counsel or as a consultant, and involves taking a continuing interest in the case. I try to bring the lawyer up to speed (as much as possible) on the subject matter, review the warrant and paperwork, point out case flaws and weaknesses, and generally be available for unexpected developments. Since many lawyers are already comfortable with the concept of "referral fees," they are usually very amenable to sharing the fee between us in a way that is fair and equitable based on the work done. After all, my efforts and suggestions almost always save them lots of time "re-inventing the wheel." Essentially, the client gets two lawyers (a "dream team" with complimentary assets) who share the work for the price of one. Most clients insist on this type of arrangement, and in practice it works amazingly well. I have become absolutely convinced that this approach yields the consistently best results in steroid cases.
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Skepticore
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Well, I don't know how to write it other than thank you for the extremely informative post. It's a breath of fresh air that someone at your level of knowledge will contribute to these boards greater than a mere perfunctory level.
collegiateLifter
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Re: Lawyer on Retainer
what do you mean exactly by liquid funds?
Rick Collins said:
what do you mean exactly by liquid funds?
Liquid funds
"Liquid funds" is a very fluid term (pun), varying by geographic area and by individual lawyers' policies. It's impossible to fix a number. Many lawyers want half of their full flat fee up-front. A flat fee can be as little as a couple grand in a minor state juice bust (a few vials in a car, for example), or up to tens of thousands of dollars in a major federal felony case (large scale trafficking). You can only put aside what you can.
"Liquid funds" is a very fluid term (pun), varying by geographic area and by individual lawyers' policies. It's impossible to fix a number. Many lawyers want half of their full flat fee up-front. A flat fee can be as little as a couple grand in a minor state juice bust (a few vials in a car, for example), or up to tens of thousands of dollars in a major federal felony case (large scale trafficking). You can only put aside what you can.
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