Week 1, Entry 3: Can you afford an attorney?

When one hears terms like “public defender” or “indigent defense,” one thinks of someone with a low income and no savings or assets. However, the costs of an attorney can range from as little as $500 for representation in a traffic offense to over $25,000 for a felony charge. These charges represent the fees of a single attorney, and do not include costs such as expert witness fees, laboratory test fees and other various charges that may be incurred in a protracted trial. Casey Anthony, who is on trial for the murder of her daughter has already amassed over $275,000 in legal fees and related costs, and her trial is still in progress. Unfortunately for most defendants, they do not receive donations or large amounts of money from a media outlet as Casey Anthony did. As a result, they do not always receive as vigorous a defense as they could.


Private practice attorneys sometimes charge a flat fee for their services, but many charge on a per hour basis. The hourly fee can range from $100 to $300 per hour, but of course, top notch attorneys could charge even more. Hourly fees apply not just to courtroom time, but also to the time an attorney and their staff spend preparing for the case, which generally is far more time than is actually spent in court. A retainer fee is typically required at the time a defense attorney is hired, regardless of whether billing will be a flat fee or a per hour basis. This fee is essentially a deposit to ensure that the attorney will be paid at least some of his/her services, regardless of the outcome of the case. This retainer fee could easily be thousands of dollars and those who cannot afford to pay a retainer often are left with no other alternative but the overworked and underpaid public defender.

As of 2008, the average wage in the United States was $41,334.97 per year. Of course, this is an average-many will earn more and many will earn less. Considering the low savings rate and high debt rate of Americans, it’s easy to see how legal fees could wipe out the savings of many “middle class” people. As if this were not enough, declining wages in the United States combined with rising healthcare costs may result in more people than ever having to resort to public defenders if accused of a crime. It is quite apparent that the concerns of inadequate representation by public defenders is no longer just the concern of the “indigent.”