Legal Corner

Re: how would one get standby?
Sheik007 4 Reviews 6734 reads
posted

Retainer is the answer. Hear of the guy divorcing his wife who went around town and paid $10k to several firms as a retainer fee just so his wife would not be able to use them?

Find a lawyer, tell him your story and that you would like to retain him for future services. He may want up to $5k to do this but you should look at it as an insurance policy. If you were ever arrested, you have that number to call knowing the person on the other hand knows your situation and will be there to get you out.

Hi guys, lots of good info on this board! I've been hobbying for a while now, and thanks to TER, I haven't run into any trouble. I've become good friend with one of my providers and she asked me some advice on what she should do if she is brought in by LE. She hasn't so far.

One of my attorney friends has told me that I/her should not talk to LE without my/her attorney present. In most cases, if you do this, you haven't had the chance to self-incriminate yourself, and there likely isn't a whole lot of evidence that the DA may likely drop charges or let you plea to a lesser charge, so that he doesn't take the chance of hurting his own win/lose track record. It may depend on how strong the case is against you, but he says ALWAYS have your attorney present and you will end up with the best case scenario under those circumstances.

Is this true? Also, she doesn't actually have an attorney. Should she have one on standby in case? Or, is the court appointed one ok?

Anyone know of any nice good experienced attorneys in LA I can recommend her just in case? Do you guys think, as a careful TER hobbyist, I need one on speed dial too?

Thanks! Sorry for the bunch of questions.

sidone6738 reads

No one who is arrested should talk to the police except to identify themselves and say they want a lawyer.  This is true no matter what crime you're arrested for.  Even innocent people can say things that suggest they're guilty or that lead investigators to evidence that does the same thing.

It's usually better to have a private lawyer than a public defender.  Private counsel can usually give each case more time than PDs, and that can make a big difference in the outcome.  Get a PD if you can't afford to hire a lawyer.  Even with limited time he'll protect you much better than you could protect yourself.

Private counsel won't always get you the best case scenario, but they will help level the playing field.  Without a lawyer, that field is slanted heavily in the DA's favor.  

Your friend should make sure any lawyer she hires expects to be paid in cash.  She should avoid lawyers who want to trade their services for hers.  This is true whether she pays him to be on standby or hires him after she's been arrested.

1knucklehead8334 reads

I have never been arrested .But when it comes to talking to the cops on a traffic stop or an inquiry as to why you are hanging around a particular area or motel , ask yourself this : What answer can you give to  a cop about where you've been or where your going or what have you had to drink that will possibly help you ? Answer ,NOTHING . If they suspect you are up to no good they will either place you under arrest or they won't. Telling them the truth will not help you . If they smell booze or search you and find cash or condoms or anything that could suggest you are doing something illegal , so be it .You will not convince them that they are mistaken about what your up to with some story . They are cops, and they get lied to every day .So as what somebody else said ,identify yourself and leave it at that .

You must give the police permission to search you or your car.  Simply say no if they ask.

If they insist, ask what probably cause they can point to to justify a search.

It might not stop them, but it's worth the effort.

Sometimes making sounds like a lawyer discourages them.

(still not a lawyer)

out of curiosity, how would one get a lawyer to be on standby for them? is this a one time fee or an ongoing percentage? how much would one expect to pay?? as a newer provider, this is something i have been considering.

thanks!

XoXo,
Marea

sidone7250 reads

It depends on the lawyer.  It also depends on the laws and regulations in your state, since fee agreements that are proper in some jurisdictions are improper in others.  

Most lawyers would probably want to be paid a monthly fee, and many would offer you in return a reduced hourly rate if and when you need them.  I'm not sure what you mean by an ongoing percentage, but if you mean a percentage of your earnings then such an arrangement would be illegal in many states.  I don't think many lawyers would contract for a percentage of their client's income from any form of illegal activities.

How much you should expect to pay for anything depends quite a bit on where you are.  Average hourly rates in some cities would seem quite high in others.  It will also depend upon the caliber of lawyer you select and his (or her) level of experience.

I didn't mean a percentage of my earnings.. I guess I didn't think that through, but what I was trying to say was a percentage of their retainer fee (or is this the same thing?)

Thanks for the information! I will do as someone else suggested and talk to other providers here about who they use, and look into the arrangements that are legal in WI. Of course, since I haven't done anything illegal, don't know why I'd even need one! :) But, misunderstandings can arise from such things.. Thanks!

XoXo,
M

Yeah, since everyone agrees that a private lawyer is better than a public defender, its probably a good idea to have one in mind beforehand, since it might be hard to do research and locate a good one when you desperately need one. You probably want one that handles cases of this type.
My original post was hoping to see if anyone knew any reliable and reasonably priced ones in LA, but I guess its always possible to goggle one if noone can recommend one.
Most lawyers require some sort of retainer (usually a few thousand). I know it sounds expensive, but it may be hard to have a private lawyer come to your aid at odd urgent hours if you don't have a retainer and he has never spoken to you. Negotiating a smaller retainer beforehand might be a good idea, and then you can rest assured that if something goes wrong, you have good legal representation ready. You might also specify how much the hourly rate will be. If you need to go to court, you will go through the retainer very quickly and it will get costly, but this is the cost of going through the legal system.

Retainer is the answer. Hear of the guy divorcing his wife who went around town and paid $10k to several firms as a retainer fee just so his wife would not be able to use them?

Find a lawyer, tell him your story and that you would like to retain him for future services. He may want up to $5k to do this but you should look at it as an insurance policy. If you were ever arrested, you have that number to call knowing the person on the other hand knows your situation and will be there to get you out.

On that same token though if you are going to be visiting different states make sure the one lawyer or firm has people who have taken the bar exam and can practice law in those multiple states.

You do not even have to retain them in the family law matter, all you have to do is consult with them, once consulted, they are conflicted and whether you hire them or not, your estranged can not use that firm unless you waive the conflict.  No need to spend the dough.

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