You have a right to know how much you will be charged, how the fee will be computed, and to know how you will be expected to pay it. It is important for both of us that we not let unnecessary fee misunderstandings interfere with the professional side of our attorney/client relationship. A candid discussion about fees "up front" best serves to facilitate and avoid any such misunderstandings.

I do not charge on an hourly basis. Few criminal lawyers do. My fee philosophy is summed up by the following quotation written some 50 years ago by George D. Hornstein in an article entitled, Legal Therapeutics in the Harvard Law Review:

"One thousand plodding hours may be far less productive than one imaginative, brilliant hour. A surgeon who skillfully performs an appendectomy in seven minutes is entitled to no smaller fee than one who takes an hour; many a patient would think he is entitled to more. The dubious value of the time factor as a standard for legal services has been recognized.

The value of a lawyer's services is not measured by time or labor merely. The practice of law is an art in which success depends as much as in any other art on the application of imagination-and sometimes inspiration-to the subject matter.

Another fact to be borne in mind is that when hours become a criterion, economy of time may cease to be a virtue. Inexperience, inefficiency, even incompetence will be rewarded. Expeditious termination of litigation will be discouraged-to the great cost of all concerned."

My fees have been determined by consideration of many factors in addition to time, including the seriousness and complexity of the criminal offenses with which you are charged, and the nature and extent of the legal services required to resolve the case. For example, the fee for a felony charge that required a jury trial would be higher than the fee for a misdemeanor charge that required only pre-trial negotiation.

From your perspective, my fee philosophy has the advantage of knowing, in advance, the exact fee to be charged. It enables you to make an informed decision in advance of incurring the obligation. You don't have to wait on pins and needles until the final bill arrives at the end of the case to know how many "hours" the attorney bill is going to contain. Another distinct advantage is that time you spend with me on the case is not governed by constantly looking over your shoulder at the clock, worried how much its costing you.

Fee Structure

From the first phone call, you will know, depending on how far you take your case, exactly what the fees will be. If you retain me, you will be provided with a copy of a written fee agreement, signed by both of us, that will contain the exact fee quoted on the phone. (See Get a Fee Quote)

I bill on a so-called "milestone" or "step" fee basis. By that, I mean that fees are based upon the nature of the legal services provided as well as the milestones reached, AS SELECTED BY YOU, after my advice, as follows:

Initial Flat Fee: The Initial Flat Fee is the fee charged to cover the basic services necessary to begin representation. The Initial Flat Fee includes, as applicable, arrangements for pre-trial release from jail, including any court hearings required for that purpose. It also includes required preparation, filing and service upon opposing counsel of legal documents, and notification to the Court and opposing counsel of my appearance in the case on your behalf as attorney of record. The Initial Flat Fee also includes preparation of both manual and computerized case files to manage your case, coordination of my schedule with your Court hearings, and preparation of and transmittal of informational and procedural introductory correspondence to you.

Essentially, the Initial Flat Fee covers all legal services necessary preparatory to our meeting to analyze the evidence in your case. This fee is due at the "get-go"

Advanced Fee Deposit: This is the next step or milestone. It is the fee charged in those rare instances where it turns out there is simply no defense; no way to improve your legal position. The Advanced Fee Deposit fee includes:

Evidence Review, Analysis & Opinion: This fee includes conferences to review and analysis of the facts and law of your case, and to provide -to your best advantage-my informed opinion regarding the legal strengths and weaknesses of your case, toward the end of developing such tactical and/or strategic approaches to the defense of the charges as are permitted by the evidence and by the law.

Plea & Sentencing: In the event you decide, after my advice, to enter a plea of guilty as charged, without a reduced or otherwise beneficial amendment of the original charges, this fee also includes the legal services to prepare for a change of plea and sentencing. It includes, as applicable, coordination with the probation officer, prosecuting attorney and/or Court, as well as preparation of the required legal documents. It includes conduct of negotiations with the prosecuting authority for purposes of reduction or favorable formulation of the sentence. It includes preparation for and conduct of the dispositional court hearing, including oral presentation to the Court.

Essentially, the Advanced Fee Deposit covers all legal services necessary prior to your decision to contest the charge. This fee is due when we get together for the Evidence Review, Analysis & Opinion conference.

Contested Case Without Trial: This is the next step or milestone. Most cases don't need to proceed to a trial. So, except in those infrequent cases that require proceeding to trial, this is the most frequently charged fee.

The Contested Case without Trial Fee includes all legal services for pre-trial motions, as applicable, for dismissal or for suppression of evidence. It includes my best efforts at seeking a reduction of the charges, or other beneficial amendment, by means of plea bargain toward the end of avoiding both a conviction and a jury trial. The fee includes the conduct of necessary legal research, and the preparation, filing and service of motions and notices, as well as the crafting and service of memoranda of authority to bring to the attention of the Court pertinent issues of law. The fee also includes conduct of all settlement negotiations and court hearings.

Essentially, the Contested Case Without Trial Fee covers all legal services shy of a jury trial. This fee is due at the end of the case, and can be paid in payments.

Bench Trial: This is the next step or milestone. The Bench Trial fee includes all legal services for the preparation and presentation of a trial to a judge. I virtually never advise a client to seek a trial to a judge over a trial to a jury. There are extraordinarily rare legal circumstances where it does occur, but I emphasize "rare". It is a sad commentary on the state of our system, but the inescapable truth is that a trial to most judges is simply a slow plea of guilty.

Essentially, the Bench Trial Fee covers all legal services through the conduct of a bench trial. This fee is due at the end of the case, and can be paid in payments.

Jury Trial: This is the next step or milestone. The Jury Trial fee includes client consultation, witness interviews and legal research. It includes authoring of trial briefs and/or memoranda of legal authority to bring to the attention of the Court pertinent issues of law. It includes selection of the jury, presentation of opening statement, cross-examination of government witnesses, direct examination of defense witnesses, preparation of and presentation of defense exhibits, formulation of evidentiary objections, and the preservation of prejudicial Court errors of fact, law or procedure. It also includes crafting and delivery of closing argument, and the preparation for and presentation of any necessary and proper post-trial motions.

Essentially, The Jury Trial Fee covers all legal services through the conduct of a jury trial. This fee is due at the end of the case, and can be paid in payments.