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After getting his retainer, is a lawyer (criminal) expected to inform his client about how that retainer is being spent?

Asked almost 3 years ago - Denver, CO

I hired an attory in a criminal case (marijuana possession and dealing) . I have not had any update as to how the case is going. Is a lawyer obligated to keep his client informed as to how the retainer is being spent, (ie what he is doing with the $3000). He's had the case for about 2 months. The atty is trying to get the case thrown out of court, saying the cops pulled over the car on a bogus complaint. So far the client (my son) is having to find the expert witnesses, provide the proof that the car was safe. This atty seems to be doing nothing. (he was recommended by the bailsbond man when my son was let out of jail).

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Attorney answers (2)

John M. Kaman

Reputation Level 20

Answered almost 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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If you paid a flat fee for his services then he is not obligated to inform you of everything he has done in the sense of sending you a monthly invoice. If the 3K was a down payment against fees he should keep you informed as to what he's doing and how much it costs. Some bar associations do not sanction flat fees although most criminal attorneys use them.

John M. Kaman

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Howard Woodley Bailey

Reputation Level 19

Answered almost 3 years ago. Criminal Defense Attorney in Newark, NJ.

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I agree with Mr. Kaman, that when the fee is a flat fee, the lawyer is not obligated to submit time sheets as to what he is doing. This does not mean that the client is not entitled to an update on a regular basis as to the status of the case. I suggest that your son needs to address this issue directly with the lawyer, after a complete review of the terms of the written retainer agreement I am sure you and the attorney signed. Any ambiguities should have been worked out before you paid the fee and executed the agreement, and should now be discussed as you seem to have a difference of opinion between what you are expecting and what you say is occurring. Good luck.

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This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.

Bailey & Orozco Criminal Defense

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