Fee Agreement
Make sure that the lawyer has you both review and sign a fee agreement. It's the contract you both enter together memorializing your retention and promise to pay for services and the lawyer's commitment to live up to a scope of services. The fee agreement should spell out a variety of key terms such as the scope, amount of the fee being charged and whether it is a flat, non-refundable fee or a fee based on hourly billing (and at what rate). Flat fees are permissible in criminal cases in Arizona. When hiring a lawyer - DEMAND to speak only with a lawyer during this retention process. Why would you hire an attorney through a non-lawyer administrator before ever meeting the lawyer in the first place? Do not accept a lawyer meeting you only for three or five minutes to speedily review the fee agreement. That should show you how much that firm will care - or not care - about you.
Guaranteed Results?
No lawyer should ever guarantee or predict a result in exchange for a particular fee. This is unethical. So, make sure their fee agreement includes a term where they make no such guarantees. And, more importantly, you should never demand a guarantee. It can't happen.
Payments
Many lawyers accept payment plans. Such plans should be clearly documented with the dates on which specific amounts are due. This should be in the form of an addendum or in the agreement itself clearly spelling out the "Schedule of Payments."
Third Party
If someone else is assisting you and paying for the legal services on your behalf, they also need to sign the fee agreement. And, remember: while someone else may be paying, the lawyer can only follow your wishes, not those of the third party when making key decisions on the case. For example, it is your right - and your right ONLY - whether to accept a plea bargain or proceed with a trial. Just because a third party is paying the bill, they cannot tell the lawyer what to do in this regard. (They can tell the lawyer, I suppose, but the lawyer should follow only your wishes).
Letters
After retention, you should be provided a matching copy of the fee agreement and any attached schedule of payments. A receipt for any downpayment should be provided. Further you should shortly receive an engagement letter. When the case is done, you should receive a disengagement letter. -- Good Luck!
