Oath of office

[aldaron]

WOW, all attorney's should have a fee schedule like that. Then justice would truly be for all.

 

[quincy]

WOW, all attorney's should have a fee schedule like that. Then justice would truly be for all.

Well. Justice for everyone but the lawyers, maybe.

 

[Taxing Matters]

WOW, all attorney's should have a fee schedule like that. Then justice would truly be for all.

The state covers everything that the fees in that schedule does not. There is no way I could afford to even pay office rent, let alone pay for staff and all the other things a law office requires, if those were all the fees I could get for the amount of time needed to handle those kinds of matters. For example, on that fee schedule the fee for a misdemeanor case (regardless of how much work is required) is $125. If the lawyer spends just 20 hours on it (which isn't a whole lot) the lawyer is making below minimum wage, and that's assuming the lawyer gets all of the $125. But the lawyer doesn't get all that because there are various other expenses that are incurred in litigation, including office supplies, fees for legal research services, transportation costs, etc that the lawyer would have to front when the client isn't paying for it. So it is simply not possible for all lawyers to have a fee schedule like that. Not without the state paying to cover what the client doesn't pay for. They'd quickly be in the poor house.

 

[Mass_Shyster]

One would make more money sweeping floors or flipping burgers that working for those fees.

Last year, I was appointed to 174 cases and worked about 1650 hours total on those cases. At the published rates, I would have been paid $21,750 for those cases, or $12.75 per hour. Minimum wage is Mass is now $12.50/hour.

 

[NeilTheCop]

Owning a house does not (necessarily) preclude one from qualifying for a public defender.

You are correct.
It cast doubt on that part of the system, when someone you had arrested and had been given a public defender turned up to court in a brand new Cadillac Escalade that still had the temporary dealer tags (And yes he did own it)

 

[quincy]

You are correct.
It cast doubt on that part of the system, when someone you had arrested and had been given a public defender turned up to court in a brand new Cadillac Escalade that still had the temporary dealer tags (And yes he did own it)

One of the factors considered is the liquidity of assets. A house is not easily or quickly sold.

 

[Zigner]

Again though, it doesn't change his right to counsel.

Did I say it did?

 

[NeilTheCop]

One of the factors considered is the liquidity of assets. A house is not easily or quickly sold.

Very true. But judging by the number of solicitations I receive in the mail, I can borrow money quite readily by using my house as collateral.

 

[Taxing Matters]

One of the factors considered is the liquidity of assets. A house is not easily or quickly sold.

Well, that depends on the house and the market. After my oldest sister renovated a home (and did a great job on it) she put the home on the market and got the full asking price the very day it was shown just two or so days after it was listed. And that was not even in a hot real estate market area. I've seen homes in some areas of town here sell at a premium just days after being put on the market. In most places you can sell fairly fast at the right price. And, as Neil points out, getting a home equity loan often can be done quite quickly.

 

[quincy]

Well, that depends on the house and the market. After my oldest sister renovated a home (and did a great job on it) she put the home on the market and got the full asking price the very day it was shown just two or so days after it was listed. And that was not even in a hot real estate market area. I've seen homes in some areas of town here sell at a premium just days after being put on the market. In most places you can sell fairly fast at the right price. And, as Neil points out, getting a home equity loan often can be done quite quickly.

There are always exceptions.

As a rule, even if an offer is presented and accepted quickly, closing on a sale and getting money from the sale is generally not a quick process.

But, as I said, it is one of the factors (out of several other factors) that will be considered.