How much does a criminal lawyer cost?

First ask what the assignment includes

An initial consultation, preparation for an interrogation and handling a criminal hearing are different assignments. Therefore, ask what the lawyer will do next: study documents, have a conversation, request documents or prepare a hearing. Information about the criminal procedure helps to distinguish these phases. An amount for one consultation does not have to cover the handling of the entire case.

Also record who carries out the work and what happens if there is a new decision or hearing. The NOvA advises asking for a written budget, the expected hours and the commitment of office colleagues before the first meeting. You can only compare meaningfully if the quotes concern the same work. Therefore, make the same short description of the case for each office.

An hourly rate, fixed price and advance payment mean something different

With an hourly rate, the fee is based on the agreed price and the time declared. With a fixed price it must be clear which activities are included. An advance is a prepayment and in itself says nothing about the final total. For each proposal, ask how sales tax, any office costs and third-party costs have been processed.

The NOvA's rules of conduct regarding fees require clear agreements regarding the assignment and an understandable specification of invoices. The lawyer must also inform you as soon as a bill is expected to be significantly higher than the previous estimate. Be practical when you receive an interim score. Ask whether a stated budget is an estimate or an agreed limit and how permission for additional work is recorded.

Pay privately and check insurance

Anyone who privately engages a lawyer must know which bill is directly for his or her own account. If you have legal expenses insurance, check the policy and the insurer's response before including coverage in your budget. According to the NOvA on lawyer costs, coverage varies per insurance. An existing insurance policy is therefore not confirmation that this criminal case or this lawyer will be paid.

Discuss financing with the office before work begins. Ask what the first contact will cost and whether the budget includes taxes. Do not make a calculation based on an online starting price without reading the conditions. Furthermore, an agreement to pay in installments does not automatically change the total price. Keep a written record of what the office, the insurer and you have confirmed about payment.

An addition is subsidized legal assistance

A addition to the Legal Aid Board means that the government finances legal aid in whole or in part. Usually a personal contribution remains; an exception applies in certain situations. The colloquial term pro deo can therefore wrongly give the impression that there is always no bill at all. Our explanation of the pro-deo lawyer addresses this distinction.

In a regular application, the Council assesses not only financial data, but also whether the case is eligible for a subsidy. See Council Terms . Therefore, ask an office whether it handles addition cases and what assessment is still required. Also discuss how the work will be paid for while a decision is not made and what happens in the event of a rejection. An opportunity to apply is not a promise that the application will be granted.

Personal contribution, reference year and current financial data

The Legal Aid Council about the personal contribution explains that income, assets and living situation can be important. Typically, the Council uses tax data from two years earlier. In the event of a relevant decline in the financial situation, a reference year change can be requested; conditions apply. You must check the applicable limits and amounts for the application year.

Therefore, prepare the correct information, instead of just stating your current bank balance. Report changes in work, income and household to the lawyer. Ask which reference year is used and whether additional information is required. In addition, note which costs the addition does and does not include. An amount that an acquaintance paid last year is insufficient to determine your own contribution. A new procedure can also result in a separate financing request.

Arrest and pre-trial detention have their own rules

Different rules may apply to assistance regarding deprivation of liberty than to a self-chosen private consultation. Under situations without a personal contribution, the Council mentions, among other things, certain allocated legal assistance after arrest. Additional conditions apply. Do not draw the conclusion that every further assignment is automatically free of charge. The explanation about arrest and assistance during an interrogation helps to recognize the phase.

A lawyer is added to pre-trial detention. The Judiciary on costs warns that this legal assistance can be recovered afterwards, subject to conditions and an irrevocable conviction. So ask on what basis the lawyer acts and whether later inspection may be appropriate. Separate rules also apply to minor suspects and subdistrict cases; have these explained explicitly if they are relevant.

Keep attorney fees separate from other amounts

A fine or compensation is not a lawyer's fee. Therefore, make separate rules in your budget for legal assistance and possible financial consequences of the criminal case. This way you prevent a quotation for legal assistance from being read as a total amount with which all consequences have been paid off.

You do not pay any court fees for ordinary criminal proceedings. According to the cost information from the Judiciary, the government pays for a necessary interpreter called by the Public Prosecution Service. An expert report that you have drawn up yourself outside the criminal court may be at your own expense. So before an external assignment, ask who provides and pays for it. A received summons is a good time to re-discuss the budget for the next phase of the process.

After the ruling, new costs questions may arise

A favorable outcome does not mean that every claim will automatically be reimbursed. Under certain conditions, a request for reimbursement of private legal assistance may be possible. The judge assesses whether there are grounds of fairness for compensation; the ruling on Article 530 of the Criminal Code of the North Holland District Court shows that compensation can be refused in whole or in part. Different rules apply when adding money than when paying privately.

Discuss a possible request immediately after the end, because deadlines apply. The case law describes a period of three months after termination of the case for the compensation procedure. Have us determine which route and end date apply in your situation. If you are considering appeal, please inquire separately about the assignment and financing thereof. Do not assume continuation at the same price or addition without confirmation.

Hypothetical calculation example: compare the entire agreement

Suppose that an office fictitiously charges € 240 per hour including VAT for a defined phase and budgets eight hours. The estimate is then € 1,920. Another office mentions a fictitious fixed price of € 1,800 including VAT. The second offer is only comparable if the same work is included. Perhaps one proposal includes the hearing and the other only the preparation.

These amounts are made up, not a market average or quote. The example shows why the description is at least as important as the multiplication. Ask how extra work, overruns and a second hearing are handled. Discuss at it choosing a criminal lawyer also experience, availability and who your point of contact will be. The cheapest estimate in itself does not provide any information about the quality or the final bill.

Checklist for clear financial agreements

Save the confirmed appointments. If an invoice is unclear, ask specific questions about a date, time item or agreed activity. Ask the office what complaints procedure applies if you cannot reach an agreement together.

• Which process phase and activities exactly fall under the assignment?
• Does an hourly rate or fixed price apply, and are VAT and additional costs included?
• Has an advance been requested and how will this be offset against the final bill?
• Who will carry out the work and at what rate?
• Is an addition possible and what happens if it is rejected or checked later?
• When will you get insight into the time spent and an updated budget?
• Should follow-up work, an external expert or appeal be agreed separately?

Four money questions that deserve a separate answer

The first question is whether the case falls under a special scheme for allocated assistance. The second is whether a regular addition is possible. Only then can you properly discuss what personal contribution remains in a criminal case. Merging these questions into the question of whether a lawyer is free hides the very exceptions that could be important.

A fourth question arises afterwards: can costs be reimbursed if the case ends without punishment? The guide lawyer costs after acquittal distinguishes the application from possible compensation and the agreements with your lawyer. If you want to switch in the meantime, first discuss the consequences for the assignment, file and financing at change lawyer.