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“Attorney on retainer” question
Posted on 9/4/23 at 11:35 pm
Posted on 9/4/23 at 11:35 pm
IB4 yank is in trouble with Johnny law.
We’ve all seen cop shows and movies etc and the regular old people brought in by the cops (not the junkie trash) say “I want my lawyer!”
How do they setup a “my lawyer!” situation?
Meaning, as a regular old tax paying person, should I look into having a legit lawyer available? Kind of like “legal insurance”?
If so, have any of you done it? How does it work? You call around defense firms and ask for a meeting? Setup a retainer? Is it all subjective? (ie each retainer has an expiration? scope of defense? etc)
Just trying to be as adult as I can and being prepared for anything for my SO and myself.
TIA.
TLDR; Any other regular dudes have a lawyer on call? If so, why and how?
eta: Really asking for real…
We’ve all seen cop shows and movies etc and the regular old people brought in by the cops (not the junkie trash) say “I want my lawyer!”
How do they setup a “my lawyer!” situation?
Meaning, as a regular old tax paying person, should I look into having a legit lawyer available? Kind of like “legal insurance”?
If so, have any of you done it? How does it work? You call around defense firms and ask for a meeting? Setup a retainer? Is it all subjective? (ie each retainer has an expiration? scope of defense? etc)
Just trying to be as adult as I can and being prepared for anything for my SO and myself.
TIA.
TLDR; Any other regular dudes have a lawyer on call? If so, why and how?
eta: Really asking for real…
This post was edited on 9/4/23 at 11:42 pm
16
Posted on 9/4/23 at 11:38 pm to yankeeundercover
Used to have an accountant who was also a lawyer. He was very good.
Posted on 9/4/23 at 11:40 pm to yankeeundercover
Public defenders are awesome. Pffft.
Posted on 9/4/23 at 11:41 pm to yankeeundercover
Gordon is your lawyer.
Posted on 9/4/23 at 11:44 pm to yankeeundercover
Most people that pull a "I have a lawyer" card are usually people that have a friend or family member they can reach to for legal help if they needed advice.
Not a lot of average people just have a lawyer on retainer.
Not a lot of average people just have a lawyer on retainer.
Posted on 9/4/23 at 11:57 pm to yankeeundercover
I have thought about this as well. I believe criminal defense attorneys typically have some folks on call for just such events. You just need to have a plan on who you will call and have access to their phone number (when you get arrested they typically won’t give access to your cell phone).
Posted on 9/5/23 at 12:01 am to BilbeauTBaggins
quote:
"I have a lawyer"
I have to imagine that anyone that agreed to be someone's lawyer regrets the shite out of it within 5 years after passing the bar.
Posted on 9/5/23 at 4:25 am to yankeeundercover
Marry one. It works.
Posted on 9/5/23 at 5:46 am to yankeeundercover
quote:
the regular old people brought in by the cops (not the junkie trash) say “I want my lawyer!”
"I want my lawyer" is usually said in response to the Miranda warnings, which include something like:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
That is likely the "my (free) lawyer" that most are asking for.
And saying they want their lawyer does not mean that one will run right down to the jail. It just means the cops can't interrogate them without a lawyer present (and the lawyer will tell them to say nothing, dummy). The lawyer will be appointed when the suspect makes an initial appearance in court, usually within a day or two after being popped.
For folks who can afford a lawyer, very few have a lawyer "on retainer." They get pinched, they call a criminal defense lawyer, and they negotiate a fee or rate to defend them on that charge.
Posted on 9/5/23 at 5:53 am to Spankum
quote:
typically won’t give access to your cell phone).
False, you will have access to your phone for numbers in front of a detective/CO, they won’t let you call out on your personal phone, but you can use it for your contacts to call out on their landline, they just want all calls made to be recorded.
When you “demand for an attorney” detectives/CO’s will have to stop their interview, and a public defender will be called upon, whenever that is and the interview can not resume until they are present, so they will just put you in general population until a public defender is available to resume the interview while present. If you have an attorney on yearly retainer or have a access to a friend, mother in law, cousin, etc. attorney, they will hold you in the police station cell until they arrive and act as your attorney for the interview.
This post was edited on 9/5/23 at 5:59 am
Posted on 9/5/23 at 6:18 am to yankeeundercover
Its one of either:
- They have a friend or relative thats a lawyer.
- This isn’t their first time being in trouble, so they want to call the same lawyer who handled their case before.
- They don’t actually have their own lawyer but are opting to exercise their right to remain silent and have an attorney. Probably end up with a public defender
- They have a friend or relative thats a lawyer.
- This isn’t their first time being in trouble, so they want to call the same lawyer who handled their case before.
- They don’t actually have their own lawyer but are opting to exercise their right to remain silent and have an attorney. Probably end up with a public defender
quote:A normal law abiding person doesn’t need a defense attorney on retainer. Most attorneys tend to havd specialties, so you pick an attorney based on what kind of situation you need help with. Divorce/child custody, criminal defense, real estate, employment law, estate planning, injury, malpractice, etc. Its not one size fits all
Just trying to be as adult as I can and being prepared for anything for my SO and myself.
Posted on 9/5/23 at 6:22 am to yankeeundercover
My employer and a couple of organizations of which I am a member each provide attorney support as needed. The industry and size of the organization means there is always work for the attorneys.
The “retainer” in our case is just an contract that sets the value of services, which types of work will be performed by which attorney, and a agreement by the company to use a certain firm.
The “retainer” in our case is just an contract that sets the value of services, which types of work will be performed by which attorney, and a agreement by the company to use a certain firm.
Posted on 9/5/23 at 6:24 am to yankeeundercover
My guess is the person has already had legal trouble and has had a lawyer in the past. But I see your point, someone gets arrested and then a lawyer walks in knowing the guy like a bat signal went up when the guy was arrested.
Posted on 9/5/23 at 6:49 am to yankeeundercover
I actually have legal service insurance. I’ve never used it. I should set up a criminal defense attorney. I feel like I’ll end up needing one at some point.
Posted on 9/5/23 at 6:52 am to yankeeundercover
quote:
We’ve all seen cop shows and movies etc and the regular old people brought in by the cops (not the junkie trash) say “I want my lawyer!”
How do they setup a “my lawyer!” situation?
They’re repeat offenders who’ve hired the same cheap attorney more than once and probably have them working on a prior offense when the get arrested again.
You’re thinking way to much into this. Like Crack Sparrow who was just arrested on OPLive can afford an attorney, he can’t even afford matching socks.
Posted on 9/5/23 at 7:12 am to yankeeundercover
Typically people only have a lawyer on retainer if they need it. IE repeat offenders with regard to criminal lawyers or if you are in business for yourself, perhaps a contractual or real estate lawyer.
If a business person is arrested for criminal behaviour, they "have a lawyer", but likely their lawyer is not going to get them off a DUI or such. You would pull the "I want my lawyer" card, call your contracts lawyer, who might come down and bail you out but would eventually tell you to retain a criminal attorney for this problem. The contracts lawyer might just call a DUI billboard attorney at the outset and have them bail you out.
If I were a business-oriented lawyer I wouldn't want to be getting my clients off DUI or such.
If a business person is arrested for criminal behaviour, they "have a lawyer", but likely their lawyer is not going to get them off a DUI or such. You would pull the "I want my lawyer" card, call your contracts lawyer, who might come down and bail you out but would eventually tell you to retain a criminal attorney for this problem. The contracts lawyer might just call a DUI billboard attorney at the outset and have them bail you out.
If I were a business-oriented lawyer I wouldn't want to be getting my clients off DUI or such.
This post was edited on 9/5/23 at 7:13 am
Posted on 9/5/23 at 7:18 am to Tiger Prawn
quote:
Most attorneys tend to havd specialties, so you pick an attorney based on what kind of situation you need help with
I have a dozen attorney friends and there’s not a one I’d call if I were in jail. They’re all family, property in-house counsel, tax, etc. lawyers. My son’s GF’s dad is an attorney that has never seen the inside of a court room.
I couldn’t name a criminal defense lawyer. If they handed me a phone it would be to Google/yelp for one.
Posted on 9/5/23 at 7:19 am to yankeeundercover
It seems almost everyone —including most lawyers— uses “retainer” term wrong.
A retainer is earned upon receipt. Further services will be billed separately.
Lump sum paid to bill future services from is “advance deposit.”
Doesn’t matter what you call it, but make sure you understand what the deal is.
A retainer is earned upon receipt. Further services will be billed separately.
Lump sum paid to bill future services from is “advance deposit.”
Doesn’t matter what you call it, but make sure you understand what the deal is.
This post was edited on 9/5/23 at 10:20 am
Posted on 9/5/23 at 7:21 am to yankeeundercover
Depends on what legal trouble you may have
Most just need someone to fight the IRS in the event of an audit. That’s pretty cheap.
If you are gang banging, you already know who the best criminal defense attorneys are.
Most just need someone to fight the IRS in the event of an audit. That’s pretty cheap.
If you are gang banging, you already know who the best criminal defense attorneys are.
Posted on 9/5/23 at 7:23 am to yankeeundercover
I had a former lead prosecutor who was one of the top 5 trial lawyers in the state representing me. He defended me on some serious aggravated assault and weapons charges, after I gave a couple of young men a "serious explanation" on a personal matter.
The state offered 10 years. He told them to stick it where the sun doesn't shine. I walked out of court with a $50 fine and 30 day suspended sentence on a misdemeanor gun charge.
He became a good friend over the 18 months this matter dragged on through the courts. I carried his card with office, home, and cell numbers on it for 24 years, until his death in 2021.
Had I ever been arrested again, the first words out of my mouth would have been. "I want to call my lawyer."
The state offered 10 years. He told them to stick it where the sun doesn't shine. I walked out of court with a $50 fine and 30 day suspended sentence on a misdemeanor gun charge.
He became a good friend over the 18 months this matter dragged on through the courts. I carried his card with office, home, and cell numbers on it for 24 years, until his death in 2021.
Had I ever been arrested again, the first words out of my mouth would have been. "I want to call my lawyer."
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