Do you keep an attorney on retainer?

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rubio
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Re: Do you keep an attorney on retainer?

#16

Post by rubio »

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.
If you have medical insurance, would you expect them to pay for cancer treatment, even if the cost is more than the minor amounts that you've paid in premiums?
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Re: Do you keep an attorney on retainer?

#17

Post by carlson1 »

If you can't remain civil thread gets locked.
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57Coastie

Re: Do you keep an attorney on retainer?

#18

Post by 57Coastie »

Jumping Frog wrote:...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.
This says it all, Frog. I am so glad your post got in before this thread gets locked, if indeed it does.

I would strongly recommend that anyone considering signing up for any, I say again, any, sort of shooter's legal representation program, do one thing, without fail, first.

Find yourself an attorney whose opinion and guidance you trust, and pay him to review the published details of the program and any agreement you are considering entering into and to advise you in writing about the wisdom of participating in the program. If you find it difficult finding that attorney now, just think what it would be like trying to find him while standing on the sidewalk with a smoking handgun in one hand and your cell phone in the other.

This is prompted by no particular program whatsoever, insurance or otherwise, and I make no comment, good, bad or indifferent, on any particular program.

Jim
Last edited by 57Coastie on Fri Mar 23, 2012 4:33 pm, edited 1 time in total.

Dave2
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Re: Do you keep an attorney on retainer?

#19

Post by Dave2 »

No. My Dad's a lawyer, though. He's in the wrong field and the wrong state to help much in this area, but I figure he'll know how to find a good one if something ever comes up.
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Re: Do you keep an attorney on retainer?

#20

Post by karder »

Yes actually. I have employed with an attorney who is good and does both civil and criminal work. I have spent many thousands of dollars with him in civil matters over the years to help draw up contracts and once to defend me in a frivilous lawsuit from a former business partner. When I got my CHL, I talked to him about the matter (he has a CHL too) and he said that I could call him if I ever have a legal problem regarding it. I have prepaid for 2 hours of his time in the event that I need him. If I am ever arrested (for any reason) my first call will be to my wife and she will call my attorney who will take it from there. I am not recommending this for everyone, but because my business requires me to have occasional legal council, keeping an attorney with a couple of prepaid hours seems to make sense for me. If I don't use the hours for a CHL issue, I will use them for a business issue and just keep a tab so to speak. I think some folks get the idea that if you keep an attorney on retainer, it implies you are expecting trouble, but we live in a crazy world and it is important to have a relationship with a legal professional so that you are not thumbing through the phonebook at a critical time in your life.
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Re: Do you keep an attorney on retainer?

#21

Post by Hoosier Daddy »

Doesn't the NRA have some kind of legal insurance?
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Re: Do you keep an attorney on retainer?

#22

Post by tommyg »

http://www.horsleystewart.com/The_Defenders.html" onclick="window.open(this.href);return false;

Here is a program in Dallas that has a pre paid program for gunowners defense
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WildBill
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Re: Do you keep an attorney on retainer?

#23

Post by WildBill »

It's become a cliché that one hears very often on television and in the cinema:

You'll be hearing from my lawyer!

Talk to my lawyer!

If you don't leave I'm calling my lawyer!

I have nothing else to say! If you have any more questions, talk to my lawyer!
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TexasGal
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Re: Do you keep an attorney on retainer?

#24

Post by TexasGal »

Yes, the NRA has some insurance and I have heard from some people I respect that it is not bad. http://www.locktonrisk.com/nrains/defense.htm

Despite the negative things said here, each person should thoroughly investigate the options for themselves and do what seems prudent for your particular circumstance. I personally lean toward the NRA insurance and the [Pre-paid legal service] because I don't have lots of money to hire a lawyer and those two were what seemed the better safety net for the money when I looked. Your mileage may vary. Please control the blood pressure on the flaming. Everyone deserves a civil answer to a civil question.
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Beiruty
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Re: Do you keep an attorney on retainer?

#25

Post by Beiruty »

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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Jumping Frog
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Re: Do you keep an attorney on retainer?

#26

Post by Jumping Frog »

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!
Sounds remarkably similar to ObamaCare. No thanks.
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Beiruty
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Re: Do you keep an attorney on retainer?

#27

Post by Beiruty »

Jumping Frog wrote:
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!
Sounds remarkably similar to ObamaCare. No thanks.

This is how you car insurance works, or any other insurance for that matter , including my $18k/yr private health care insurance. Indeed, my family health care insurance costs me $14k/yr premium PLUS $4k deductible. At least I ahve to pay $18,000 per year before insurance pays me a single cent.
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WildBill
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Re: Do you keep an attorney on retainer?

#28

Post by WildBill »

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!
I understand your point, but it wouldn't guarantee the BEST criminal defense any more than health insurance can give you access to the best doctors. It also might encourage civil lawsuits knowing that there is a pot of money to be had.
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Lambda Force
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Re: Do you keep an attorney on retainer?

#29

Post by Lambda Force »

Making that insurance mandatory is a bad idea. Almost as bad as Obamascare.
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Re: Do you keep an attorney on retainer?

#30

Post by JALLEN »

Insurance generally works best in situations where non intentional conduct is involved. Nobody is going to pay for you going out and hurting someone on purpose, but you can buy insurance for injuries resulting from your negligence. Fire insurance will cover losses due to negligence, but not intentional setting of fires, which is called arson. In the use of firearms, hopefully, it is seldom negligent. You mean to shoot someone, albeit you may be somewhat mistaken about the necessity of doing so.

The only time an attorney generally goes on retainer is when the work is so steady, constant, that a regular billing makes sense. The auto club here used to have an entire law firm on a monthly retainer and they handled ALL the insurance defense claims necessary. I used to have several small real estate developers on retainer, a regular monthly fee to handle ordinary non-litigation documentation, contract review etc. It worked for both of us for some time, and when it didn't we stopped it.

In California there is a firm of 2nd Amendment specialists which hands out safe magnets and bright orange business cards prominently displaying their phone number. Most of us carry it in our wallet, and put on the safe the magnetized display warning the police consent to search is not given, the contents are private and a search warrant is required. These guys know the gun laws, arcane as they are here, backwards and forwards and have many successes to their credit. They are not miracle workers however; you have to get them a set of facts to work with that are favorable, so don't do nothing stupid! ;-)
Luckily, I have enough willpower to control the driving ambition that rages within me.
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