I bill all of my private criminal defense clients on flat fee. I don’t track my hours or provide invoices other than the initial contract. I usually require additional fees if a case is set for trial or a motion to suppress, and this is outlined in the contract. But sometimes prospective clients want to negotiate fees or complain that my fees are too high. Or if they can enter a payment plan that involves no money up front.
The answer is always “NO”. It’s not that I don’t like these prospective clients or don’t want to help them. But, aside from the fact that this is my livelihood, the money says something about both of us. The money a client pays me says they value my services and advice. And the money I receive establishes a trust with the client.
This policy is based on experience. I’ve had the opportunity to see the difference in dynamics between a paid client and an appointed client. Appointed clients can be great, but there are also ungrateful, disrespectful, and difficult clients, since the attorney doesn’t choose who they work with. Because they don’t pay you, appointed clients don’t always appreciate your services and sometimes undervalue you compared to other attorneys.
With private clients, the money exchanged for services completely changes the dynamic. The clients tend to appreciate their attorneys more and attorneys can choose to avoid working with difficult clients. I want my clients to be happy so I set clear expectations for the representation up front and most clients appreciate that candor.
When I quote a price to a private client, I am basing my quote based on how much time I expect to put into a case. That’s why there can be additional fees for trial: trial prep takes a lot of time. That’s also the reason I don’t negotiate or offer discounts. I believe I am offering a premium product, I am not trying to compete on price. The time I expect to expend on a case isn’t going to change–I’m not going to do less work–so why would my prices.
Some people are put off by this approach, but that’s okay. I may not be the right attorney for everyone. I do not want to be the type of attorney who spends their time generating invoices or trying to collect payments from clients. I want to be the type of client that is aggressively litigating their case. And if that’s the kind of attorney you want, I’m your guy.