How Criminal Defense Attorneys Charge in Arizona

Fees are often the hardest part of hiring a defense lawyer to talk about, and the easiest to misunderstand. Arizona’s rules of professional conduct, published by the State Bar of Arizona as ER 1.5, set clear limits on how lawyers may charge. Knowing them lets you compare offers on equal terms and recognize an agreement that does not follow the rules.

The fee must be reasonable

ER 1.5 says a lawyer may not charge an unreasonable fee or unreasonable expenses. The factors include the time and skill required, the fee customarily charged locally for similar work, the time limits imposed by the circumstances, and the experience, reputation and ability of the lawyer. A higher fee from a more experienced lawyer can be reasonable; a fee far out of line with the work is not.

It must be in writing

The scope of the representation and the basis or rate of the fee and expenses must be communicated to you in writing, before or within a reasonable time after the lawyer starts. Any change to the basis or rate must also be in writing before the higher charges are incurred. The rule does not apply to court-appointed lawyers paid by the government.

No contingent fees in criminal cases

ER 1.5 forbids a contingent fee for representing a defendant in a criminal case. A lawyer may not charge you more if the case is dismissed or less if you are convicted. If you see an offer that ties the fee to the outcome, that is a reason to walk away.

The four kinds of advance payment

The comment to ER 1.5 describes four types of payments made in advance, and it helps to know which one you are being offered:

Type	What it means	Refundable?
True retainer	Paid to secure the lawyer’s availability, not for work	Depends on the agreement and reasonableness
Advance fee deposit	A deposit the lawyer draws on as work is done	Unearned portion must be returned
Flat fee	A set amount for agreed work, earned as the work is performed	Unearned portion must be returned
Nonrefundable or earned upon receipt	A flat fee treated as earned when paid	May still be partly refundable; written notice required

“Nonrefundable” does not always mean nonrefundable

Under ER 1.5(d)(3), a lawyer may not charge a fee called earned upon receipt, nonrefundable or similar unless you are told in writing at the same time that you may still discharge the lawyer at any time and may be entitled to a refund of all or part of the fee, based on the value of the work done. The comment adds that lawyers must return any unearned portion of an advance payment. If the notice is missing, ask about it before you sign.

What a flat fee usually covers

Flat fees are common in criminal defense because clients want certainty. The key is the scope. Ask whether the fee covers:

• all court appearances up to a plea or dismissal;
• motions, such as challenges to evidence;
• a trial, or only the work before trial;
• the separate MVD license hearing after a DUI arrest, explained in Your Driver License After a DUI Arrest in Arizona;
• expert witnesses, investigators or testing, which are often extra;
• work after the case, such as a set-aside application.

If you disagree about the fee

The State Bar of Arizona runs a free, voluntary fee arbitration program. It is available for disputes of $1,000 or more when both you and the lawyer agree to arbitrate and no lawsuit about the fee is pending, and the arbitrator’s award is binding. For losses caused by a lawyer’s dishonest conduct, such as keeping a fee without doing any work, the State Bar’s Client Protection Fund may reimburse up to $100,000 per claim once the lawyer has been disciplined or is otherwise covered by its rules. Neither program handles complaints about the quality of the defense.

Payment plans

Many defense lawyers accept payment in installments. If you agree to a plan, make sure the written agreement says what happens if a payment is late and whether the lawyer will keep appearing for you in the meantime. The ethics comment to ER 1.5 warns against agreements that could lead a lawyer to cut back services partway through a case, so a clear plan protects both sides.

Comparing two offers

Line up each offer by what it covers, not by the total. A lower flat fee that stops before trial, excludes the MVD hearing or bills extra for every motion may cost more in the end. Ask each lawyer the same questions, listed in Questions to Ask at Your First Consultation With a Defense Lawyer.