How Do Criminal Defense Lawyers Get Paid? | Lawyer Talk Q & A

I’m tackling a question I hear all the time: “How do lawyers get paid—and what actually happens if my case takes an unexpected turn?” This week, I’m breaking down a listener’s real-world concerns about flat rate fees in criminal defense cases. I’ll walk you through how these agreements usually work, what you should look for in a fee contract, and why it’s so important to have clear communication about money from the very start.

I’ll also dig into how retainer fees and hourly billing can play a role, discuss the kinds of additional expenses you might run into, and share some of my own experiences to help make sense of it all. Whether you’re in the process of hiring an attorney or just curious about the financial side of legal work, I’ll explain what you need to know in straightforward, practical terms.

Key Moments

00:00 "Essential Engagement Letter Practices"

05:23 Flat Rate vs. Hourly Fees

08:48 Understanding Lawyer Fees Limitations

10:10 Legal Fee Determinants

Here are 3 key takeaways

• Get It in Writing: Always ensure your fee agreement is crystal clear and in writing. This protects both you and your attorney and eliminates confusion about what the fee covers—especially with flat rates.
• Flat Fees = Predictability, but Also Flexibility: Flat fees offer peace of mind, but circumstances can change. Make sure your agreement mentions what happens if the case is dismissed quickly, or if unexpected complications arise that require more work.
• Ask Questions, Don’t Assume: Steve stressed the importance of open communication. Ask your lawyer exactly what’s included in the fee, how they handle additional expenses, and whether there are extra charges if your case goes further than expected.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com