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Cost To Retain Legal Service?

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  • supernachos
    Senior Member
    • Feb 2011
    • 1472

    Cost To Retain Legal Service?

    Now I have read many times in Calguns that, in case the "law" comes knocking on my door, or has stopped me while driving my vehicle with no search warrant (and I know I have done nothing illegal), that I do not give the "law" my consent to do a search on my house or my vehicle as well as exercise my right to remain silent.

    Now with all that said and done, I am to direct the "law" and any questions they may have to my lawyer whose contact details I then give them.

    Now just curios, how much it costs to retain the legal services of a good firearms lawyer?

    A typical scenario that comes to mind is that the "law" comes, I say no to a search and ask them to contact my lawyer. The "law" contacts my lawyer or my lawyer contact them. Finally the "law" thinks it's not worth pursuing my case. That's the end of story. Maybe 1 hour tops for the lawyer time?

    Ok, I may be totally off base and delusional with my scenario I described but what's the usual cost for the lawyers service. I'm just curios, a ballpark figure would suffice for those that have had it happen to them ?

    I just dont want sticker shock...
  • #2
    Stewdabaker23
    Senior Member
    • Aug 2012
    • 2309

    Well to keep a lawyer on retainer can cost quite a bit but varies from lawyer to lawyer say from $1000-$3000 could be cheaper or more expensive.

    Then when you actually need to use them they charge an hourly rate which can be from $300/hr to thousands/hour.
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    NRA Lifetime Member SAF Lifetime Member

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    • #3
      Armando de la Guerra
      Banned
      • Aug 2013
      • 1018

      That's like asking 'how much does a car cost'? Depends on the make, model and year. Legal costs depend on the Attorney, the circumstances, etc.

      Comment

      • #4
        supernachos
        Senior Member
        • Feb 2011
        • 1472

        Originally posted by Armando de la Guerra
        That's like asking 'how much does a car cost'? Depends on the make, model and year. Legal costs depend on the Attorney, the circumstances, etc.
        That's why I gave a scenario... which I hope you had a chance to read...

        Comment

        • #5
          Armando de la Guerra
          Banned
          • Aug 2013
          • 1018

          Originally posted by supernachos
          That's why I gave a scenario... which I hope you had a chance to read...
          Some lawyers will break off an hour for you, others will want a minimum that might be several multiples of an hour even if it only takes an hour. The time to set yourself up with legal counsel is BEFORE you need it, IMO. Call a couple of firearms lawyers and find out. Bruce Colodny and Michel & Associates come to mind.

          Comment

          • #6
            BumBum
            Senior Member
            CGN Contributor
            • Jan 2013
            • 1607

            Originally posted by supernachos
            Now just curios, how much it costs to retain the legal services of a good firearms lawyer?
            The only way you will find an answer to this question is to contact individual lawyers directly. As Armando points out, Michel & Associates and Bruce Colodny are good options. In fact, Bruce usually sets up a booth at the OC gun show to give out information -- he was there this past weekend.

            Every lawyer is different. Many will give free initial consultations, while others will want a fee. Every lawyer has their own hourly fee structure and what they may want for a deposit. Even under a "simple" scenario as you describe, it is hard to predict total costs because in litigation, you cannot predict what the other side will do or how long it will take to reach a conclusion.

            Bottom line, establish a relationship with a lawyer that you feel like you can trust and afford. Put him or her in your cell phone. That way, if SHTF, you got someone you know you can call. I do.
            sigpic
            DISCLAIMER: The information contained herein is general in nature, which may not apply to particular factual or legal circumstances, and is intended for informational purposes only. Consistent with Calguns policy, the information does not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create an attorney-client relationship. Readers should not act upon any information in my posts without seeking professional counsel.

            Comment

            • #7
              digger2
              Member
              • May 2013
              • 268

              For you to say "see my lawyer' would have to mean that you have an established relationship with one and he has agreed to represent you. Just to sign a retainer and do nothing else will probably run you minimal money. The costs start when they do something, and it is around $300.00 per hour to $450.00.
              However, the chances of the police just picking your house at random is very small. Why would they do it?
              And if they do ask them to get a search warrant, and they will have to find a judge that believes they have probable cause to do so.
              If you have nothing to hide co-operate.

              Comment

              • #8
                supernachos
                Senior Member
                • Feb 2011
                • 1472

                Originally posted by BumBum
                ...Even under a "simple" scenario as you describe, it is hard to predict total costs because in litigation, you cannot predict what the other side will do or how long it will take to reach a conclusion.
                ...

                Yeah, I understand what you are trying to say and I appreciate your response.
                There are so many scenarios but I sort of point to a particular one.

                In the scenario I described, I have placed a definite end point to the issue when the "law" realizes that I know the law and my rights.

                Like for example, I was stopped in my vehicle driving from a rifle range. I know full well that I have done nothing illegal but I refuse to comply to a warrantless search and refuse to answer questions, referring them to contact my lawyer.

                The "law" maybe then calls my lawyer to check , maybe they felt if I was trying to play them using the, "...I have nothing to say, talk to my lawyer routine". Once they confirmed that I do have a lawyer, they then drop their demands for a search and let me go since maybe they were just really on a fishing expedition and was looking for some easier fish to catch?

                So at most my lawyer gets a call that last 5-10 minutes...I don't hear from the "law" anymore, so what's the damage to my pocket book?

                I was just wondering the cost based on that scenario described above.

                On a side note, I have a group legal plan I can buy-in at my place of work, I am not sure if on the list of lawyers we have, are lawyers that also specialize in firearms law. I will check it out as well..

                Thanks for all your input...

                Comment

                • #9
                  supernachos
                  Senior Member
                  • Feb 2011
                  • 1472

                  Originally posted by digger2
                  For you to say "see my lawyer' would have to mean that you have an established relationship with one and he has agreed to represent you. Just to sign a retainer and do nothing else will probably run you minimal money. The costs start when they do something, and it is around $300.00 per hour to $450.00.
                  However, the chances of the police just picking your house at random is very small. Why would they do it?
                  And if they do ask them to get a search warrant, and they will have to find a judge that believes they have probable cause to do so.
                  If you have nothing to hide co-operate.
                  Thanks Digger very informative...

                  I have heard some contradicting opinions about the last point thought, about cooperation with the "law" even if I have nothing to hide.

                  Some lawyers say don't do as you are needlessly opening yourself up to trouble for possibly other offenses that you are not aware of.

                  Also the point of anything I say can be used against me in a court of law, while anything the officer says is hearsay and can't be used in court? Correct me if I applied this wrong, as I am not as versed in the law as I want to be, but that is how I understand it as of now.

                  At this stage I'd rather stick to my rights , even if I have nothing to hide.

                  Comment

                  • #10
                    chainsaw
                    Banned
                    • Jan 2007
                    • 660

                    Originally posted by supernachos
                    The "law" maybe then calls my lawyer to check , maybe they felt if I was trying to play them using the, "...I have nothing to say, talk to my lawyer routine".
                    I don't know how a LEO would handle that, but I doubt that an officer in the field would actually call a lawyer. That's the job of the DA much later, when you are in custody, or being charged. I think the officer would either proceed with the search or not, based on what probable cause he has, and ignore your statements about lawyers.

                    But there is a much bigger problem. Have you ever dealt with lawyers before? They tend to be busy people (which makes sense when every hour of their time is worth $300 and up to someone). If you actually call a lawyer, you will get their administrator. 80% of the time, the admin will tell you that "Mr. Soandso is in a meeting", or in court, or busy with another critical matter. You can leave your number, and the lawyer will call you back later today or tomorrow. In reality, the way one deals with lawyers is to use e-mail and the admin to set up phone meetings at specified times.

                    Do you think the LEO in the field is going to wait with you until the lawyer calls back tomorrow? No. Either he will search, or he will let you go, or he will arrest you and put you in jail, to have a meeting with your lawyer tomorrow.

                    Here is another issue. What do you think your lawyer will say to the officer? He has absolutely no idea about what is going on, except to know that you are his client. The lawyer is not going to tell the cop "my client definitely does not have an illegal unregistered assault weapon in his trunk", because he has no idea what is in your trunk. The lawyer can advice you to allow the search or refuse it, and the lawyer can relay your decision to the officer. For that, you don't need a lawyer.

                    Comment

                    • #11
                      supernachos
                      Senior Member
                      • Feb 2011
                      • 1472

                      @Chainsaw,
                      Probably you can tell by now that I've never been in trouble with the "law" in my life...
                      Anyway thanks for your response, you set up the situation for me and made it clearer in my mind what it would be like and what to kind of expect in these types of situations.

                      Comment

                      • #12
                        chainsaw
                        Banned
                        • Jan 2007
                        • 660

                        Originally posted by supernachos
                        Probably you can tell by now that I've never been in trouble with the "law" in my life...
                        I've never been "in trouble with the law" in my life either. OK, except for one speeding ticket (had to go to traffic school) in the last quarter century.

                        Yet, I spend thousand or tens of thousands of $ per year on lawyers. And I hang out with them a lot socially. Fortunately, I've never had to spend a dime on a criminal defense attorney.

                        Our notion of lawyers from watching TV shows is completely wrong. They are not high-powered miracle workers, like Perry Mason or Rumpole of the Bailey, who drop everything whenever the phone rings, and at the last minute in court spring a surprise that gets their client off. They are usually very smart people, highly detail-oriented with great memories, who thrive on analyzing and untangling complex situations. Not the kind of person who orders a random beat cop to leave his client alone.

                        Here is another viewpoint. Look at your situation (being detained at the side of the road) from the officer's viewpoint. He knows full well that if this situation develops into an arrest, he will be dealing with the criminal justice system: You will have a lawyer (perhaps an appointed public defender), and that lawyer will obviously attempt to poke holes into the initial search. Therefore, the officer knows to follow the law in his search anyhow, otherwise the search would be pointless (rare exceptions for rogue officers ignored). Therefore, it makes no difference to the officer whether you are represented by a lawyer now or not - you will be soon anyhow. So what do you exactly accomplish by threatening the officer with a lawyer? You only make his job harder. It's unlikely that the officer will be nice to you after you screw with him.

                        Comment

                        • #13
                          fiddletown
                          Veteran Member
                          • Jun 2007
                          • 4928

                          Originally posted by supernachos
                          ...In the scenario I described, I have placed a definite end point to the issue when the "law" realizes that I know the law and my rights.

                          Like for example, I was stopped in my vehicle driving from a rifle range. I know full well that I have done nothing illegal but I refuse to comply to a warrantless search and refuse to answer questions, referring them to contact my lawyer.

                          The "law" maybe then calls my lawyer to check , maybe they felt if I was trying to play them using the, "...I have nothing to say, talk to my lawyer routine". Once they confirmed that I do have a lawyer, they then drop their demands for a search and let me go since maybe they were just really on a fishing expedition and was looking for some easier fish to catch?

                          So at most my lawyer gets a call that last 5-10 minutes...I don't hear from the "law" anymore, so what's the damage to my pocket book? ....
                          Nope, you have no way to predict the natural history of a legal matter. What and how things happen will depend on many factors unknowable ahead of time.

                          Find a lawyer with a good reputation, someone you trust and get along with. You might want to meet and have brief interviews with several. Be prepared to pay each for his time at his usual rate, but many will do this sort of "meet-and-greet" without charge or for a reduced fee. Figure on about a half-hour for each interview. Then pick one and make arrangements with him to be available if you need him. He'll might want a retainer, or he might not.

                          Then go about your business and hope you never have reason to call on him.
                          "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

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                          • #14
                            BumBum
                            Senior Member
                            CGN Contributor
                            • Jan 2013
                            • 1607

                            As chainsaw pointed out correctly, no lawyer is going to drop everything for you while you're on the side of the road. It just won't happen (unless you're incredibly rich or maybe have a really close friend or family as a lawyer). The only time a lawyer will come into play is if you are being arrested and you wish to invoke your right to silence and right to consult with an attorney. No need to make a lawyer threat on the side of the road, just do not give consent to a search unless they have a warrant.

                            But it is still worthwhile to know a lawyer that you are comfortable with, as I have stated before, if you happen to be trying to get a hold of one after an arrest. Even if you make bail, you will be consulting lawyers under duress - not the best time for making well-thought out decisions.
                            sigpic
                            DISCLAIMER: The information contained herein is general in nature, which may not apply to particular factual or legal circumstances, and is intended for informational purposes only. Consistent with Calguns policy, the information does not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create an attorney-client relationship. Readers should not act upon any information in my posts without seeking professional counsel.

                            Comment

                            • #15
                              supernachos
                              Senior Member
                              • Feb 2011
                              • 1472

                              Thanks guys, all very worthy advise !!!

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