If you are charged or even suspected of a crime, getting a lawyer is one of the two most important things you can do. (The other one is never talk to the police.) If you cannot afford to hire an attorney, the State will appoint a public defender to represent you.
Public defenders in Oregon do excellent work. I often have potential clients call me, wondering if they should hire me instead of using their public defender. My first question is: Are you in jail? If you’re in jail, your money would be better spent posting bail then hiring me. Clients who are not in custody receive far better case outcomes than those behind bars, regardless of the lawyer you hire. Police and prosecutors will listen to your phone calls, other inmates may try to trade information about you to police to help their own case, and most critically, people make poor choices when they’re behind bars.
Fortunately, there are wonderful, experienced attorneys in Oregon who can help you (both public defenders and private attorneys.) Unfortunately, there is a shortage of available defense attorneys. In some counties, clients will go months waiting for a lawyer who is available to represent them. The biggest difference between hiring me and a public defender? I limit the number of clients I take at one time so that there’s time to do my best work, return your phone calls and prepare your case for trial. (Public defenders also can refuse cases if they get over capacity, but it can be challenging in some situations. When I was a public defender, I frequently had more than 100 open cases at a time. As a private lawyer, I limit cases to no more than 30 at a time.)
If you’re hiring a lawyer, you should know there are two main payment models: Flat rate, and by the hour. Generally, I prefer to work by the hour, so clients aren’t charged for services they don’t need, and so I’m fairly paid for the work I do for you. It helps me be more available on my client’s schedule, and when you call, text or email me, that shows up directly on your bill. Flat rate works best when you have a set budget, and you’d rather pay a fixed amount of money and then not worry about it anymore. I will work on a flat rate if desired, but I’m a firm believer that hourly rates are more transparent. (They also save clients a ton of money when we get an unexpected outcome, like if the state dismisses your case at our first appearance.)
At Reinhard Law, we charge $450 an hour for attorney time (the credit card rate is $465/hr based on the percentage rate charged by CC companies.) Other law firms in Lane County charging hourly rates cost between $300 and $500 an hour, depending on their experience and business model. Generally, we require an upfront deposit (called a retainer) to secure our services. (Usually $3,000 to $5,000 for a misdemeanor, $6,000 to $10,000 for a felony, and $25,000 for a Measure 11 charge.) Unlike flat fee (where the money is earned on receipt) – retainer money still belongs to you. I put it in my legal trust account, and I send you a bill each month for the work I do – and only then, when you get the bill, will I withdraw the money for the work I’ve done.
Whenever a lawyer represents you (public defender or retained attorney) – you aren’t just working with a lawyer, you’re working with a defense team. Usually, this includes an investigator, a paralegal or case manager, and sometimes expert witnesses depending on the case. If you’ve already qualified for a public defender and then hire a private lawyer, those extra costs will still be paid by the state – so if you’re on the fence about what to do, ask for a public defender, and see if it’s a good fit. If not, contact me and I’ll let you know if I have availability to help on your case.