Sounds remarkably similar to ObamaCare. No thanks.Beiruty wrote:I bet, if we spend $10/yr $50 for each CHLer in TX as part of the CHL license fee. There would be a fund worth $5M/yr that would defend ALL CHL related cases in TX with the BEST criminal defense companies in US. That even is a lot of money considering the number of CHL gun related cases in TX. We may not need no more than $1M per year. or just $10 per new CHL issue/renewed.
It is good idea in instate such fund by LAW!
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Return to “Do you keep an attorney on retainer?”
- Sun Mar 25, 2012 7:55 am
- Forum: General Texas CHL Discussion
- Topic: Do you keep an attorney on retainer?
- Replies: 40
- Views: 9035
Re: Do you keep an attorney on retainer?
- Sat Mar 17, 2012 7:01 pm
- Forum: General Texas CHL Discussion
- Topic: Do you keep an attorney on retainer?
- Replies: 40
- Views: 9035
Re: Do you keep an attorney on retainer?
I don't have one "on retainer", but I do have one on speed dial.
As an aside, many people think you need to actually pay money to have an attorney "on retainer". You'll see them play it out on TV, for example, where the guy will give a dollar to a lawyer and say, "Now you are my lawyer".
That is a fallacy however. The payment of money has nothing to do with the establishment of an attorney-client relationship or of communications being privileged. However, whether or not he is willing to represent you is still going to be influenced by his belief that you are able and willing to pay your bill.
I also have an attorney friend who literally wrote a book on firearms law who had this to say on this subject:
As an aside, many people think you need to actually pay money to have an attorney "on retainer". You'll see them play it out on TV, for example, where the guy will give a dollar to a lawyer and say, "Now you are my lawyer".
That is a fallacy however. The payment of money has nothing to do with the establishment of an attorney-client relationship or of communications being privileged. However, whether or not he is willing to represent you is still going to be influenced by his belief that you are able and willing to pay your bill.
I also have an attorney friend who literally wrote a book on firearms law who had this to say on this subject:
Having a lawyer "on retainer" is generally a fiction, as someone wrote earlier, that people buy into because they've seen it on TV. I've never taken a dime from a client for whom I wasn't presently doing work. A retainer is a lawyer's way of attempting to charge a client for the right to hire the lawyer at full price at some point in the future. The are only two scenarios that warrant putting a lawyer on retainer when there isn't work to be done immediately. First, if the lawyer you want to hire is very (and I mean unimaginably) popular. In that case, you give him some money to "reserve" him so that he doesn't fill his docket with other cases to the exclusion of your own, should it ever arise. Second, if you are reasonably certain that a lawsuit is imminent (we're talking 95% here), you might put a lawyer on retainer for the same reason - so that the machinery is all set-up to begin working as soon as the indictment is unsealed or the complaint is filed. Otherwise, the only "retainer" you should ever give a lawyer is the portion of his fee that he requires to be paid up-front before he starts doing any work for you. Any other "retainers" are just ways to rip you off.
A lot of these so-called concealed carry defense networks are also just scams. I won't single any out, but I would absolutely, 100%, without question or reservation advise against subscribing to them. First, do you really want to be represented by a lawyer who will accept your MURDER or manslaughter case for the minor amounts that you've paid over the course of the agreement? I wouldn't even consider a murder case for less than $15k. Do you think the lawyer you get will have his heart in your defense when he finds himself spending hundreds of hours for the couple of hundred dollars he may have earned on your monthly payments? Second, I would want to double and triple check the identity of who, exactly, will be taking your case. Again, without naming any names, I know of at least one service that ultimately assigns your case to a lawyer who has almost no trial experience to speak of AND almost no criminal defense experience. Trying to save a dime on the cost of a lawyer who might be the only thing standing between you and decades in prison is mindless, people.
Go out and find a real lawyer, one who you like and trust. Most private attorneys are happy to give you a free consultation, or even just an opportunity to come and meet each other. They are more than happy to add you to their book of clients, even if you don't need anything right away. Most will not even think of charging you a "retainer" just to open a file for you and put it in their file cabinet. If you're ever in a tight spot, you'll KNOW who is going to come and help you out. And, you'll have a lawyer ready if you ever need anything else, like a will or a contract. If you find a really good one who is committed to service, he may not even charge you for answers to some of the more frequently asked questions.
And yes, you will be expected to pay. Can you afford not to? If you had cancer, you would find a way to pay your medical bills. If you're in trouble with the law, it's exactly the same.