About My High Quality, Low Volume Criminal Law Practice

Some criminal defense attorneys take a high number of cases and charge a lower fee for each case. These attorneys are called high-volume practitioners. Others, like me, take a low number of cases and charge a higher fee for each case. These attorneys are called low-volume practitioners. The more cases a lawyer is handling at any given time, the less time he or she has available to work on each case.

The following chart illustrates this simple concept:

If you choose a high volume criminal defense firm, don't be surprised if a substantial portion of the work on your case is done by junior attorneys and non-attorney support staff instead of the attorney you hired. In fact, they may not bother at all with some of the work that a low-volume practitioner will do in a case simply because they don't have enough time. There aren't enough hours in a day for high volume practitioners to match the time and attention to detail that low volume attorneys routinely give to their cases.

Testimonial claims of great results don't impress me. They say that even a blind squirrel will find an occasional nut. If a high volume attorney happens to be sitting in the defense chair when the prosecution's case collapses due to some grievous error by the arresting officer, that does not mean that the attorney was responsible for the great result. For every such lucky break, there may be other opportunities that a high volume attorney will miss because he or she did not do the work necessary to identify and exploit them.

The only way to consistently get great results is to diligently prepare each and every case. When I become your attorney, I immediately begin looking for defenses and problems with the government's evidence against you. Before long, I know more about the case than the prosecutors and I use every weakness in their proof to your advantage. This level of preparation is only possible in a low volume criminal defense practice.

Comprehensive Flat Fees

For most pending criminal cases, I charge a comprehensive flat fee for handling a case from the point that I am retained (usually right after charges are filed or someone is arrested) until disposition of the case. That includes all court appearances, any necessary pretrial motions, hearings, and trial. This fee structure maximizes the quantity and quality of preparation time that I can devote to each case that I am handling while offering my clients the greatest flexibility in deciding how to dispose of their cases.

Many other criminal defense attorneys in Austin use a split fee structure rather than a comprehensive flat fee, where they offer a lower fee that covers pre-trial representation only. If a case does not settle before trial, they will charge an additional large fee for trial. The amount of this "trial fee" varies significantly but regardless of the amount, since most cases settle before trial, a "pre-trial only" fee may seem like a better deal than a comprehensive fee that includes trial. That appearance can be deceptive.

One problem with a split fee arrangement is that the preparation work required to maximize your chances at trial often turns up evidence or problems with the government's case against you that would have yielded a better settlement offer (also known as a "plea bargain offer") or even a dismissal if it had been uncovered during pre-trial negotiations. An attorney who has been paid for pre-trial representation only is less likely to engage in this type of preparation during the pre-trial phase of the case, i.e., before the trial fee is paid.

The following chart illustrates the difference in the level of preparation that is likely to result from these two different fee structures:

A second serious problem with the split fee structure is the large additional trial fee that must be paid to the attorney if the case is not dismissed or settled. It is usually too late in the game for the attorney to offer a payment plan so if you cannot afford to pay the trial fee in one lump sum, then you may be stuck accepting an unfavorable plea bargain offer. Even if you can afford the trial fee, you should be wary of a scenario in which your attorney's inability to negotiate a favorable settlement allows him to earn more money.

Regardless, attempting to save money by deferring trial preparation until the State makes its final settlement offer may well result in paying more in total legal fees and having a worse result to show for it.

Contrary to what many people assume, the fact that trial is included in my comprehensive fee does not make it prohibitively expensive. Most cases settle, so each client pays just a small fraction of the actual cost of going to trial. It works out about the same for me but provides my clients with additional peace of mind and ensures that none of them are forced to accept a plea bargain offer simply because they can't afford an additional trial fee.

As with any service, you get what you pay for. You need a criminal defense attorney that can and will spend the time on your case that's necessary to get the best results. A poor outcome may have consequences that last the rest of your life. Is saving money on legal fees worth the risk of being saddled with a worse result? Probably not when you consider the negative effect that a criminal record can have on finding and keeping good employment for the rest of your life.

I practice criminal defense law exclusively. I do not handle divorces, personal injury lawsuits, real estate transactions, or other non-criminal matters. If I am your attorney, I will focus on your case in a way that is simply not possible in a high volume criminal defense practice and I will work hard to get the best possible result for you.