Brian Tannebaum tells an apocryphal tale about the “big money” criminal case. You know the one, the case that every young criminal defense lawyer dreams about. The one that will make your rich and bring fame and glory.
It was 6 years ago. I was representing someone under investigation. He paid me a small retainer to communicate with the prosecutor during the investigation and do all the other things criminal defense lawyers do during investigations.
I quoted a mid six figure fee. It was the biggest fee I had ever quoted.
The client hemmed and hawed, and then offered to pay me a substantial amount of money for the bond work, the fee for the case to be solidified after he was released.
I received half of the substantial amount of the fee for the bond work, and was told I would receive the other half “next week.”
But the money is only part of the equation, as Brian found out.
Managing the big case, with the big fee, takes experience. Understanding what it means to a client to have his expectations dictated by the size of the fee will come from living through an experience like Brian’s, where the quid pro quo for the big fee is total dedication and magic results.
The trick is to manage expectations up front. The inexperienced lawyer will be so taken with the big case, and the big fee, that he will often promise the world, whether explicitly or implicitly, to make sure he gets it. This is a recipe for misery and, as happened to Brian, ultimately losing it.
The big fee is not the purchase of your soul, but a reflection of your legal services, the work, effort, costs, associated with providing your client with the best possible defense. It’s not for babysitting your client and every member of his extended family. It’s not a guarantee of outcome. It’s not an assurance that the case will go smoothly, where a smaller fee might have bumps in the road. And it’s critical that you make all of this absolutely clear from the outset, lest the client misapprehended what he’s paying for. That can easily happen.
Even the experienced criminal defense lawyer faces a minefield in the big case. It’s impossible to anticipate every twist and turn, and the client who can pay the big fee may still expect a level of care and control that consumes your every waking moment, not to mention more than a few of your sleeping moments. That’s part of the deal, and if you’re either unaware of it or unprepared to fulfill it, you aren’t ready to handle the big case. Or the big fee.
It’s obvious why every young criminal defense lawyer wants to get the big case with the big fee, but be careful what you wish for. If you aren’t ready, it could be the most difficult case you’ve ever handled, and may well cause you problems and headaches for which no fee is big enough to compensate. As cool as it may be to finally get the dream case, make sure you’re ready for it or it may turn out to be your worst nightmare.
Regardless that there was nothing that could be done on the weekend. The family continued to call, Saturday and Sunday, throughout the day, beginning with my wake up call. I took every call, missing almost all of the conference.With the big money comes the big problems, the big demands, the big expectations. Often, the demands are unreasonable, from things that simply cannot be accomplished to the expectation that the client now “owns” you, your every breath being dedicated solely to the client.
When I came back home, I ran to the jail to see my client. Looking over the sign-in book, I saw another criminal defense lawyer had been to see him. I asked him what this was about, and he told me his family sent this (very good) lawyer to see him. I told him I would get him a bond hearing as soon as possible. He was not happy I went out of town over the weekend.
I called the other lawyer and was told I was probably out. The client’s uncle called and told me the same within the hour. He asked me for money back, and got an earful.
Managing the big case, with the big fee, takes experience. Understanding what it means to a client to have his expectations dictated by the size of the fee will come from living through an experience like Brian’s, where the quid pro quo for the big fee is total dedication and magic results.
The trick is to manage expectations up front. The inexperienced lawyer will be so taken with the big case, and the big fee, that he will often promise the world, whether explicitly or implicitly, to make sure he gets it. This is a recipe for misery and, as happened to Brian, ultimately losing it.
The big fee is not the purchase of your soul, but a reflection of your legal services, the work, effort, costs, associated with providing your client with the best possible defense. It’s not for babysitting your client and every member of his extended family. It’s not a guarantee of outcome. It’s not an assurance that the case will go smoothly, where a smaller fee might have bumps in the road. And it’s critical that you make all of this absolutely clear from the outset, lest the client misapprehended what he’s paying for. That can easily happen.
Even the experienced criminal defense lawyer faces a minefield in the big case. It’s impossible to anticipate every twist and turn, and the client who can pay the big fee may still expect a level of care and control that consumes your every waking moment, not to mention more than a few of your sleeping moments. That’s part of the deal, and if you’re either unaware of it or unprepared to fulfill it, you aren’t ready to handle the big case. Or the big fee.
It’s obvious why every young criminal defense lawyer wants to get the big case with the big fee, but be careful what you wish for. If you aren’t ready, it could be the most difficult case you’ve ever handled, and may well cause you problems and headaches for which no fee is big enough to compensate. As cool as it may be to finally get the dream case, make sure you’re ready for it or it may turn out to be your worst nightmare.
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Hello Scott:
Not to take anything away from this post, I wanted to say that I’ve been reading your blog for awhile now and that I thoroughly enjoy it. As this post talks about “young lawyers” and certain misconceptions they may have, I felt that it would be a good place to post certain questions that I have for you (which may possibly be the subject for a post one day).
I am a second year law student interested in criminal defense work. What are things I should be doing in law school to determine whether this is the type of law I want to do? And, what do you recommend is the best way to start a career as a defense lawyer? I’m hoping that the thoughts of a seasoned attorney, like yourself, may give me certain insights into this field of law.
Get yourself an internship position with a criminal defense lawyer, keep your mouth shut and pay close attention. Aside from that, cut down by one meal a day and hit your head against a wall nightly. You’ll figure it out.
Very interesting post, Scott.