On Monday, I wrote in this space about finding value when choosing an attorney. The point of that article was to remind you of something you probably already know. Namely, that just because something is more expensive does not make it inherently better. But what about the other side of the spectrum? Is it safe to assume that something that is cheaper than a similar product is likely just as good, and therefore a better value? Not always.
When I was in law school, I had something of a shoestring budget. I lived in a house with three other guys. I was living off of student loans and a part time job, so I had to make sure that I was watching my bottom line. I love to eat peanut butter. It's one of my favorite things. Sometimes I'll wake up in the middle of the night and just eat a spoonful of it. As a result of my addiction, my peanut butter budget was becoming prohibitive during this frugal period of my life. I decided I needed to find a way to cut my PB costs, and since eating less of it wasn't an option, that meant buying the bargain basement store brand. "It's just peanut butter," I thought. "How much different could it be?" The answer was "very different." It was the worst thing I've ever tasted in my life. I made a sandwich, took one bite, spit said bite into the sink, and proceeded to take the rest of the peanut butter in the jar and fling it into the alley for the raccoons to eat. That garbage was not fit for human consumption. This experience taught me a hard lesson about value vs. cost.
I have since found generic peanut butter brands that are perfectly fine and usually purchase them instead of the Skippy's or Jiff's of the world and take the $.75 in savings with each trip to the store. I have found that not all generic peanut butters are disgusting, but the first one I tried sure was. How does this relate to hiring an attorney? Just like with cheap peanut butter, it's all about finding an attorney that both fits your budget and your taste.
In a perfect world, money would be no object for people when choosing an attorney. They would be able to meet with a handful of prospects, determine which one is the best fit for them, and happily write a check for whatever the agreed upon amount for representation ends up being. Unfortunately, that's not the way the world works. Most people need to shop for bargains for everything from toothpaste to houses. Attorneys are no different. So, how do you avoid getting the unpalatable attorney and having to learn your lesson the hard way? There are a few things you can do to "test" lawyers when you meet with them that can help you figure out whether they're inexpensive because they're bad or just because they're economical.
First of all, don't bring up cost with a lawyer before you talk about anything else. The last thing I want to hear from a potential client as soon as I answer the phone is "I'm just looking for a quote for..." What this tells me is that their plan is to call a ton of lawyers to find out which one will agree to do it for the least money. I don't want those clients. I believe the my rates are exceptionally reasonable, and I have even been known to cut folks a deal in certain situations, but a client that cares more about getting a good price than they do about getting good representation isn't one that I want to work with. Clients like that are often less interested in participating in their defense and are less likely to ever pay the reduced fee they are looking for. Don't be that kind of client. If for no other reason, bring up cost at the beginning of a consultation is not effective because most lawyers will want to hear what they're dealing with before they'll give you a quote. Attorneys know their services are expensive and cost prohibitive for a lot of people. If your case is interesting enough, some lawyers may be willing to meet you in the middle on fees. You'll never find out if they are open to that if you offend them by complaining about money right away.
Second, have good questions ready when you call or meet with an attorney. Most lawyers won't have all the answers for you during an initial consultation. That's what legal research is for. They should, however, be able to answer your basic questions regarding the type of punishment you could face, potential defense strategies, and your case's strengths and weaknesses. If you meet with a lawyer that doesn't seem to know much about your charge, that's a red flag. All attorneys will say things like "I'll have to look this up" or "this is somewhat unique, so I'll have to look at some cases," but those shouldn't be the only answers they offer. Look for an attorney who appears to be up on current laws, precedents, and techniques in the field. Attorney's who aren't will spend a lot of time looking up basic questions, which in the end will end up costing you money in billable hours.
Third, be extremely leery of any lawyer who's quote is significantly lower than other attorneys you meet with. If five lawyers quoted you between $2500 and $3000 for a certain case, be careful of the attorney who says he can do it for $1000. Rates that low can be indicators of three things:
1) This lawyer is so new to the game that he or she has no idea what their time is worth. While I don't think experience is all it's cracked up to be (experience is something older attorneys highlight, while younger attorneys highlight how hard they work and the attention they'll give you), you don't want someone handling your case who clearly has no idea what they're getting into.
2) This lawyer, for whatever reason, has so much trouble finding clients that when someone calls them with a case, they will agree to pretty much any fee arrangement just to sign the client. Aggressiveness is a good quality in a lawyer; desperation is not. An attorney that is so desperate to sign you to an agreement that they're willing to charge 40% of what everyone else charges for your case is an attorney you'll want to steer clear of.
3) This lawyer charges so little because he or she takes any and every case that comes across his desk and deals with a HUGE volume of work. I call this the Wal*Mart theory of lawyering. Wal*Mart can sell goods at reduced costs because they buy and sell so damn much of everything. Their profit margin on each item might be a little less than a smaller store, but the sheer volume of transactions make them on of the most profitable companies in the world. The issue with Wal*Mart is that their products and service aren't always top notch. The same goes for attorneys who overextend themselves. Being busy as a lawyer is a good thing, but being overworked is a bad thing. It all goes back to what I talked about in my article comparing private attorneys to public defenders. Public defenders aren't worse lawyers than private lawyers, but they are often hindered by their caseload. An attorney who has too many active clients is one who won't have enough time to dedicate specifically to you. Overworked lawyers are usually quick to suggest a plea, even when the chances of a successful trial are good, simply because it will get your file off their desk and give them a better per hour rate for their time. You want to work with a lawyer who is in demand, but isn't so swamped with work that they're going to neglect your case.
Basically, you need to use common sense when hiring an attorney, just the same as you need to when purchasing a car, house, or peanut butter. If you feel comfortable with a lawyer and they meet your budget, your search is over. If you feel comfortable with someone but they charge more than you're really prepared to spend, you need to decide whether it's worth the extended cost to get representation you'll be comfortable with. If someone is in your price range but doesn't exactly instill you with confidence in their ability to handle your case efficiently and effectively, you're probably better off continuing your search.
There's no doubt that finding the right attorney can be an arduous process. Whether you've been charged with a DWI, felony, misdemeanor, traffic violation, or a juvenile crime, contact a Minnesota criminal defense lawyer today to get someone working on your behalf.
As always, none of the proceeding information is intended to act as legal advice in any way. If you have been charged with a crime, or you believe you may soon be charged with a crime, contact a Minnesota criminal defense attorney immediately regarding your situation to get the advice and guidance you need.
Showing posts with label value. Show all posts
Showing posts with label value. Show all posts
Wednesday, March 7, 2012
Monday, March 5, 2012
Value vs. Cost: Choosing an Attorney on a Budget
I was watching an old episode of Law and Order: SVU yesterday. It was one from a few years back that dealt with an adult son of a very well-to-do family who had been accused of raping and murdering a girl from his college. The son was in an interrogation room at the precinct when, out of nowhere, in swooped his aggressive, high-priced attorney, who had been charged with the task of saving the day for this notable family. The attorney asked if his client had been charged, and when met with a "no" from Detective Stabler, he scooped up the young man, who had quite the smug grin on his face, and exited the room.
Scene.
SVU is just a TV show, obviously, but there was a not-so-subtle underlying theme to this scene. Because this young man's family was well off, he was able to be represented by the best of the best; someone who could come in and clean up his mess (for a hefty fee, of course). If the suspect had been an average Joe; or worse, outright poor, he would surely have not had the same type of representation, would have been forced to sit there in that room and spill his guts to the detectives, and would have ended up signing the pre-written confession that was probably sitting in the other room for him, right?
The truth is, attorney's charge different amounts for similar service for lots of different reasons, just the same as other business do. Let's look at clothing stores, for example. A cotton t-shirt purchased at Old Navy is likely going to cost less than a similar cotton t-shirt purchased at American Eagle Outfitters. Comparing the primary functions of a t-shirt, it's unlikely the one from AE is going to do a better job of covering your torso. It's unlikely there will be much of a difference in the comfortableness of the shirts. It's also possible that each shirt would have flashy, albeit different, designs on them to make you seem as though you're on the cutting edge of fashion. So why is it, then, that this graphic t-shirt from Old Navy costs about $4.50 (about 25%) less than this graphic t-shirt from American Eagle? Both are a similar color, made from the same material, and have graphics that take up about the same percentage of the front of the shirt. If you were looking at this quandary from a completely pragmatic point of view, you would deduct that the shirt from Old Navy represents the better value. However, the AE shirt is still, presumably, being purchased at a high rate. This is because not everyone sees value in the same way. For someone who places value on other people's perception of their sense of style, perhaps the "American Eagle" brand printed across their chest is sufficient to warrant them spending an extra $4.50 on that shirt.
But, why does AE charge more in the first place? Wouldn't they be better off offering this shirt at a more competitive rate? The answer is "maybe." As I said above, lawyers charge different amounts for the same services for a myriad of different reasons. Stores do the same. Maybe AE's production costs are higher due to their inability to order products in the same volumes that Old Navy can. Maybe AE's materials are of a slightly higher quality, forcing them to charge a higher price to help cover their materials costs. Maybe AE has done extensive research and determined that the price tag on their shirt is one that will give them optimal profit margins (i.e., maybe they could sell 5 shirts an hour if they were $15, but it's more profitable to sell 4 shirts an hour at $19 each). Maybe AE's store space is more expensive per square foot, meaning that their overhead costs force them to charge a higher premium for their products. Anyway, you get the idea. There are many reasons that could be responsible for higher costs at AE than at Old Navy.
The same can be said for law firms. A law firm that consists of one attorney with 2 years of experience who works out of his home is likely going to be able to charge less for the same services than an attorney with the same experience who works at a firm with 15 other lawyers, each with their own secretary, and a handful of paralegals who have a suite in a high-rise in downtown Minneapolis. The second lawyer in this scenario has more overhead to cover in his costs, where as the first attorney can put almost his entire fee directly into his pocket. Just because attorney #2 charges at a rate of $300 an hour while attorney #1 charges $150 doesn't mean that one is any better than the other. Again, by looking at the primary functions and qualification of a lawyer, we can see that attorney #1 probably isn't much different than attorney #2. They probably both went to perfectly fine law schools, interned at a firm during their summers, got a similar entry-level job out of school, and have gotten a similar amount of experience along the way.
Ultimately, the decision that you will have to make will boil down to where you find value in attorneys. If you're someone who loves personal, one-on-one attention, it's likely that you'll be happier with the sole practitioner. If you find value in the security that comes with the money, resources, and reputation of the larger firm, you might be more comfortable with them representing you. A lot of times, as I've mentioned previously, you will make your decision based solely on which attorney you like better. It may seem like a trivial thing, but people tend to work better with others when they find those people to be generally agreeable. You don't have to be friends with your lawyer to work well together, but seeing as you'll likely be spending a sizable amount of time with them, a friendly rapport couldn't hurt.
Oh, and the kid with the ritzy attorney? He's doing 25-to life in fictional prison. Sometimes art does imitate life.
Choosing a Minnesota criminal defense lawyer to represent you in a criminal case isn't always easy. Whether you've been charged with something as minor as misdemeanor trespassing or as serious as felony assault, finding the right person to represent you is not something to be taken lightly. If you have been charged with a crime or believe that you may be charged with one soon, contact a Minnesota defense attorney today to get someone in your corner who is ready to fight for your rights.
Lastly, come back Wednesday, March 7th to read about when a lower fee doesn't always represent the good value that it would appear to. Here's hoping everyone has a great, crime-free week!
Scene.
SVU is just a TV show, obviously, but there was a not-so-subtle underlying theme to this scene. Because this young man's family was well off, he was able to be represented by the best of the best; someone who could come in and clean up his mess (for a hefty fee, of course). If the suspect had been an average Joe; or worse, outright poor, he would surely have not had the same type of representation, would have been forced to sit there in that room and spill his guts to the detectives, and would have ended up signing the pre-written confession that was probably sitting in the other room for him, right?
The truth is, attorney's charge different amounts for similar service for lots of different reasons, just the same as other business do. Let's look at clothing stores, for example. A cotton t-shirt purchased at Old Navy is likely going to cost less than a similar cotton t-shirt purchased at American Eagle Outfitters. Comparing the primary functions of a t-shirt, it's unlikely the one from AE is going to do a better job of covering your torso. It's unlikely there will be much of a difference in the comfortableness of the shirts. It's also possible that each shirt would have flashy, albeit different, designs on them to make you seem as though you're on the cutting edge of fashion. So why is it, then, that this graphic t-shirt from Old Navy costs about $4.50 (about 25%) less than this graphic t-shirt from American Eagle? Both are a similar color, made from the same material, and have graphics that take up about the same percentage of the front of the shirt. If you were looking at this quandary from a completely pragmatic point of view, you would deduct that the shirt from Old Navy represents the better value. However, the AE shirt is still, presumably, being purchased at a high rate. This is because not everyone sees value in the same way. For someone who places value on other people's perception of their sense of style, perhaps the "American Eagle" brand printed across their chest is sufficient to warrant them spending an extra $4.50 on that shirt.
But, why does AE charge more in the first place? Wouldn't they be better off offering this shirt at a more competitive rate? The answer is "maybe." As I said above, lawyers charge different amounts for the same services for a myriad of different reasons. Stores do the same. Maybe AE's production costs are higher due to their inability to order products in the same volumes that Old Navy can. Maybe AE's materials are of a slightly higher quality, forcing them to charge a higher price to help cover their materials costs. Maybe AE has done extensive research and determined that the price tag on their shirt is one that will give them optimal profit margins (i.e., maybe they could sell 5 shirts an hour if they were $15, but it's more profitable to sell 4 shirts an hour at $19 each). Maybe AE's store space is more expensive per square foot, meaning that their overhead costs force them to charge a higher premium for their products. Anyway, you get the idea. There are many reasons that could be responsible for higher costs at AE than at Old Navy.
The same can be said for law firms. A law firm that consists of one attorney with 2 years of experience who works out of his home is likely going to be able to charge less for the same services than an attorney with the same experience who works at a firm with 15 other lawyers, each with their own secretary, and a handful of paralegals who have a suite in a high-rise in downtown Minneapolis. The second lawyer in this scenario has more overhead to cover in his costs, where as the first attorney can put almost his entire fee directly into his pocket. Just because attorney #2 charges at a rate of $300 an hour while attorney #1 charges $150 doesn't mean that one is any better than the other. Again, by looking at the primary functions and qualification of a lawyer, we can see that attorney #1 probably isn't much different than attorney #2. They probably both went to perfectly fine law schools, interned at a firm during their summers, got a similar entry-level job out of school, and have gotten a similar amount of experience along the way.
Ultimately, the decision that you will have to make will boil down to where you find value in attorneys. If you're someone who loves personal, one-on-one attention, it's likely that you'll be happier with the sole practitioner. If you find value in the security that comes with the money, resources, and reputation of the larger firm, you might be more comfortable with them representing you. A lot of times, as I've mentioned previously, you will make your decision based solely on which attorney you like better. It may seem like a trivial thing, but people tend to work better with others when they find those people to be generally agreeable. You don't have to be friends with your lawyer to work well together, but seeing as you'll likely be spending a sizable amount of time with them, a friendly rapport couldn't hurt.
Oh, and the kid with the ritzy attorney? He's doing 25-to life in fictional prison. Sometimes art does imitate life.
Choosing a Minnesota criminal defense lawyer to represent you in a criminal case isn't always easy. Whether you've been charged with something as minor as misdemeanor trespassing or as serious as felony assault, finding the right person to represent you is not something to be taken lightly. If you have been charged with a crime or believe that you may be charged with one soon, contact a Minnesota defense attorney today to get someone in your corner who is ready to fight for your rights.
Lastly, come back Wednesday, March 7th to read about when a lower fee doesn't always represent the good value that it would appear to. Here's hoping everyone has a great, crime-free week!
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