Denver criminal defense lawyer / hourly or flat fees?

For many people who make mistakes and end up in a spot of trouble with the law, the cost of their Denver criminal defense lawyer is paramount. But just as crucial as the cost of the lawyer you hire can be how you are billed. Most attorneys bill an hourly rate: they take a retainer, bill their hours against that retainer until the case is over or until the retainer is gone, then ask for additional retainer money. If the client is unable to provide more money, the attorney will no longer represent him.

However, with Denver criminal defense lawyers, you typically have a choice of paying either hourly or something called a "graduated fixed fee." Essentially, a graduated fixed fee is a flat fee. However, Denver criminal defense lawyers are prohibited from charging a fee for the whole case then keeping the fee if they must drop the case for whatever reason. As such, the lawyer divides the case into parts, and assigns each part of the case a designated portion of the fee. He can then take the money as he earns it, although typically the case is seen through to its completion so the client is billed the entire amount.

What are the downsides of the fixed fee arrangement for the client? For one, it can carry significant sticker shock. Additionally, the client will typically have to foot the bill for the costs of the entire case right up front, unless the attorney will make a fee arrangement.

That said, there are significant upsides to the fixed fee. First, it ensures you will actually be able to afford the service you are paying for. If a Denver DUI attorney gives an hourly rate, then says it will take approximately 10 hours to represent you in the DUI and asks for that as a retainer, you have no assurances that the case will be resolved. He may burn through that entire retainer, due to unanticipated complications or other issues, and leave you trying to decide what to do: pony up more money or find another lawyer.

Second, a flat fee can ease significant burdens about your strategic decisions. If your Denver criminal defense attorney is working by the hour, he may say: this motion has a 40% chance of winning, and if you win, it will win the whole case. But it will take me another $2,000 worth of time to prepare the argument. In a flat fee situation, you have already covered this. The lawyer is bearing the risk of the case being more expensive than anticipated. That's why I use fixed fees: so you don't have to make hard decisions about your case.