How much does it cost to hire an attorney - Part 3

In the first two parts of this series, I discuss the contingency fee plan, and the hourly rate fee plan. The final part in this series will discuss the flat rate fee.

The third and last type of fee structure is the flat rate fee. With this arrangement, you and your attorney agree upon a flat rate for all legal representation pertaining to a particular matter regardless of the time and effort needed to perform the agreed-upon legal work. Some clients prefer this form of payment because it limits their financial exposure and provides them with certainty regarding the cost of legal representation. Lawyers who charge flat rates take the risk that the fee they quote will fairly compensate them for the estimated time needed to perform the required legal service.

In some instances, the lawyer may complete his work in less time than expected, and therefore, enjoy a financial windfall from a flat fee arrangement. Alternatively, and in many cases, lawyers underestimate how much time and effort is required on a particular case. In these instances, lawyers assume this risk that the quoted flat rate is not fair compensation for the actual work required. Flat rates are very typical with criminal defense cases. Many attorneys charge a flat rate for all pretrial representation related to a case, and then a second installment flat rate if and when a case is scheduled for trial.

If you are in need of quality and experienced legal representation, and you want a lawyer who is responsive to your needs; returns phone calls; is available to you anytime and anywhere; knows the law; and will fight for your rights, call Attorney John L. Calcagni III today for a free consultation. Contact us now at 401-351-5100 or jc@calcagnilaw.com.

How much does it cost to hire an attorney - Part 2

In part one of this series, I discuss the various ways that may be available to pay for legal services from an attorney. The first we discussed was contingency fee (link). Now I will move on into hourly rates.


Hourly rates are often charged by attorneys who represent large organizations such as corporations, non-profit organizations or other entities capable of affording legal services on an hourly basis. This fee structure is most commonly used in connection with corporate law, business litigation and insurance defense. Hourly rate billing is the most expensive type of fee arrangement for clients.

In this circumstance, you are billed on a monthly or quarterly basis for the time actually spent by your attorney or his agent performing work on your case during the billing period. Lawyers who charge on an hourly basis bill for everything to include, but not limited to, phone calls, copies, consultations, letters and email, research, court appearances, travel time, and any other time spent working on a case.

Before agreeing to an hourly fee structure, it is important to know what types of services are billed; how often; in what time-increments; and at what rate. Firms may charge varying rates depending upon who in the organization actually performs the billed service such as a secretary, investigator, paralegal, associate attorney or senior-level attorney. As stated above, hourly billing is most often employed by lawyers who represent corporations or wealthy clients. It is also used in connection with family law work; estate and tax planning; elder law; areas of civil law other than personal injury; and complex criminal defense cases.

Please read part three where I will discuss the final fee structure, the flat rate fee. (link)

If you are in need of quality and experienced legal representation, and you want a lawyer who is responsive to your needs; returns phone calls; is available to you anytime and anywhere; knows the law; and will fight for your rights, call Attorney John L. Calcagni III today for a free consultation. Contact us now at 401-351-5100 or jc@calcagnilaw.com.

How Much Does it Cost to Hire an Attorney? - A 3 Part Series by RI Criminal Defense Attorney John L. Calcagni, III

People often ask how much it costs to hire an attorney. The answer is “it depends.” Generally speaking, there are three fee structures or ways that attorneys charge for legal representation: contingency fee, hourly billing, or flat rate. The type of fee structure used is a function of both the particular attorney and/or law firm you consult and the type of case or representation that you require.

Contingency fees are paid to an attorney contingent upon the result or legal outcome that he obtains on your behalf. If the attorney is unsuccessful in obtaining a desired result or outcome for you, then he or she does not get paid. Alternatively, if the attorney achieves a successful result, the he or she is paid at the predetermined rate or fee.

Contingency fees are most often used in personal injury cases. When you initially retain an attorney for representation in a personal injury matter, no money or fee is paid to the lawyer. Instead, you and your lawyer agree that if, and only if, they succeed in obtaining money on your behalf, they will then be paid a percentage of the recovered amount. This percentage differs by state and case type. Most often the percentage is one-third or 33% of the total recovery. However, in more complicated cases such as those involving malpractice or product liability claims, or even less complicated cases that require litigation or the actual filing of a lawsuit, attorneys may require a contingency fee of up to 40% of the total recovery.

Contingency fees are very attractive to clients because they do not require any out-of-pocket expense for representation. It is important to note, however, that contingency fees are not permitted in either criminal or family law cases such as those involving divorce, child custody or other domestic issues.

For more information on this topic, please read part two of "How much does it cost to hire an attorney."

If you are in need of quality and experienced legal representation, and you want a lawyer who is responsive to your needs; returns phone calls; is available to you anytime and anywhere; knows the law; and will fight for your rights, call Attorney John L. Calcagni III today for a free consultation. Contact us now at 401-351-5100 or jc@calcagnilaw.com.

Motion to Suppress Drugs Case Result

If you have been charged with a drug related offense in RI, MA or on a Federal level, contact Criminal Defense Attorney Calcagni at (401) 351-5100 for a consultation now.

Motion to Suppress Drugs Granted and Case Dismissed 

October 2011

A man was charged with Possession with Intent to Distribute Marijuana and a Drug School Zone Violation, which makes it unlawful to possess drugs within 1000 feet of a school or 100 feet of a park.  These charges stemmed from the search of the man’s car by police, which uncovered a substantial quantity of marijuana from inside the automobile.  An undercover police officer, driving an unmarked police cruiser, drove into the parking lot of a neighborhood park during the daytime.  The officer observed a man sitting alone inside his vehicle.  There was no one else present in the park.  The officer did not observe any drug or other unlawful activity.  The officer also did not recognize or otherwise know the man.  The officer used a pair of binoculars to get a closer look at the man.  He specifically observed the man sitting in the driver’s seat of his car looking into his lap.  He then saw what he believed to be the man licking a marijuana cigar or blunt.  The officer immediately drove his unmarked cruiser next to the man’s car so that the driver’s side doors of each car were aligned.  As the officer pulled up, he observed loose tobacco on the ground outside of the man’s car, which the officer, based upon his training and experience, understood to be from a lawful cigar the man had emptied in order to roll a marijuana cigar or blunt.  The officer made no other observations or detected the odor of marijuana.  Based on his limited observations, the officer unilaterally opened the man’s car door; grabbed the apparent cigar from the man’s hand; and physically removed from his vehicle.  The officer then proceeded to search inside the passenger compartment where he discovered multiple bags of marijuana of varying quantities.  The officer then arrested the man and charged him with various drug offenses.  Attorney Calcagni was tasked with representing the man, who was a first-time offender.

In defense of the man, Attorney Calcagni sought to challenge the legality of the police conduct by filing a suppression motion.  The motion challenged the officer’s conduct of opening the man’s car door; grabbing an object from the man’s hand; physically removed the man from his vehicle; and searching inside.  The thrust of this argument was that the police violated the man’s 4th amendment right against warrantless and unreasonable searches and seizures.  If successful, the motion asked the Court to suppress as evidence against the man the drugs discovered by police in his vehicle.  The Court conducted a hearing on the defense motion.  After the hearing, the Court agreed with Attorney Calcagni that the man’s rights were violated.  As a remedy for this violation, the Court suppressed the discovered marijuana.  As a result of this favorable pretrial ruling, all charges against the man will soon be dismissed for lack of evidence. Ultimately, this client avoided a mandatory jail sentence associated with the drug charges and will not sustain a criminal record from this incident.

Steroids Distributor Case Results

If you have been charged with a drug related offense, contact Criminal Defense Attorney John Calcagni at (401) 351-5100 for a consultation now.

Steroids Distributor Sentenced to Term of Probation. 

October 2011

Man was charged with Introducing Misbranded Drug into Interstate Commerce, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2), and Possession of Anabolic Steroids with the Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(E). These charges followed a long-term drug investigation whereby federal authorities determined that the man was an online host of several internet-based steroid discussion boards used in connection with both the distribution and use of anabolic steroids and other performance enhancing drugs.  As a host on these websites, the man promoted and offered for sale numerous steroids and other illicit drugs.  The man specifically promoted his product; received orders for the product from various customers through email; forwarded such orders to his overseas suppliers; and then received shipment thereof in the United States.  Upon receipt of the product, the man re-packaged the steroids and other drugs for reshipment to his customers throughout the United States.

Federal agents, after gathering sufficient evidence against the man, arrested him following a motor vehicle stop and thereafter executed a search warrant for his home and personal storage container.  The searches led to the discovery of a large quantity of steroids with an estimated wholesale value of nearly $250,000.00.  Agents also discovered a firearm co-located with illegal product.

 

Based on the weight of evidence against the man, he determined it was in his best interest to plead guilty to the charged offenses.  Attorney Calcagni was tasked with representing this man throughout the plea process in U.S. District Court, and more importantly, at his sentencing hearing.   Attorney Calcagni successfully argued that the man be granted pretrial release while awaiting sentence.  During this time, the man focused his efforts on obtaining lawful employment; caring for his sick spouse who suffers from fibromyalgia; tending to his stepchildren; and recovering from his narcotics addiction, namely, to steroids.  The man remained on pretrial release for nearly one year and during this time, accomplished all of the aforementioned goals.  Attorney Calcagni spent time with the man and his family; acquired statements of support on the man’s behalf for presentation to the Court at sentencing; and other materials to present on his behalf.  Thereafter, Attorney Calcagni prepared and submitted a written sentencing memorandum and made an oral presentation at the sentencing hearing, both of which highlighted the man’s accomplishments on pretrial probation; acceptance of responsibility for his offenses; and his lack of criminal history. 

Based upon these collective factors and Attorney Calcagni’s efforts, the Court granted the man leniency by sentencing him to a term of probation opposed to the standard jail sentence for narcotics offenses.   Overall, the Defense built its case around a request that the man be afforded a second chance.  That request was well received by the Court and ultimately granted.  Congratulations to this client.

Felony Drug Charge Case Results

 

If you have been charged with a drug crime in RI, MA or at the Federal level, contact John L. Calcagni now at (401) 351-5100 for a consultation.

Felony Drug Distribution Case

September 2011

Reduced to Misdemeanor Simple Marijuana Possession. Police conducted a motor vehicle stop of a car with an allegedly loud muffler. After pulling the car over, police identified the driver, ran his name and information through a national criminal information database (NCIC) and learned that the man had an outstanding arrest warrant.  Officers placed the man into custody and seated him in the back of a police cruiser.  Thereafter, officers proceeded to search the man’s car beginning with the passenger compartment.  This led to the discovery of a small of amount of marijuana in the center console.  Officers then proceeded to search inside the trunk of the car where they discovered a digital scale; drug packaging materials; and multiple bags of marijuana of varying weight.  Based upon the officer’s discovery, the man was charged with possession with the intent to distribute marijuana.  This was the man’s second marijuana offense within several months.  The driver hired Attorney Calcagni to represent the man against this charge.  Attorney Calcagni filed a pretrial motion challenging the lawfulness of the search of the driver’s car – especially the trunk compartment.  Based upon the merits of this motion, Attorney Calcagni successfully negotiated for the reduction of the charged felony to the misdemeanor offense simple marijuana possession, and in exchange for the man’s guilty plea, he was sentenced to one year of probation.