The more complex the case, the higher the fee because the more time it will require. Federal cases generally have higher fees in state cases because there is more work and they go to trial faster. Serious felonies have higher fees than less serious felonies or misdemeanors because they are generally more complicated. Appeals or other special proceedings can also be time intensive.

Part of a fee is reflected in work that an attorney does not take. By committing to work on your case, an attorney’s time is limited to take further cases. That is why attorneys that charge really low fees are rarely a bargain.


Q: What is included in your fees?

A: Attorney fees only. There frequently are expenses associated with cases, such as copying and postage, that attorneys have to pay for. These costs are generally billed for clients to pay. Sometimes an attorney will need funds for other services for your case. Typical funds are expert witnesses, transcripts (written copies of statements or hearings), and investigators.


Q: Do you offer payment plans?

A: This is a question that frequently arises and as a general rule, the answer is ‘no’. If clients do not have sufficient funds for representation, it inevitably leads to tension between the client and the attorney. Further, if there are fees required for the case, such as investigation or expert witness fees, that the client cannot afford, the defense is substantially limited. It is like walking into a boxing match with one or both hands tied behind your back. If you are not going to be able to pay for your attorney and other necessary fees, you should obtain appointed counsel rather than limp along with an inadequate defense. This may be altered if it can be shown that the client has assets that would require some time to liquidate, such as equity in property, stock portfolios, or other similar property.



Services Offered

Q: What is your win/loss record?

A: That is a hard question to answer for several reasons. An acquittal is obviously a win. Imagine, though, that a person is facing several serious charges that could result in decades in prison. A plea bargain to a misdemeanor, or even a jury trial resulting in a misdemeanor conviction is certainly a good result.


Q: “I want an attorney that will go to trial and fight for me”, or, “I just want to get a good deal”.

A: These attitudes are quite common but they may not be the best starting point. Sometimes, the evidence and the law are such that it might be in a client’s best interest to consider a plea bargain. On the other hand, there are a number of good times to go to trial. Committing to one strategy, trial or plea, before a careful consideration of all of the evidence and potential consequences is rarely advised. Trials are not, contrary to popular opinion, a search for the truth. Rather, trials seek to answer one question: Can the prosecution prove a client’s guilt beyond a reasonable doubt. Whether to go to trial depends upon the evidence, the law, and the client’s tolerance for risk.


Q: How do I hire a criminal defense attorney?

A: In short, get a lot of information and hire the attorney with whom you are most comfortable. There are several places to get information: lawyers.com, friends, bar referral services, attorney groups dedicated to criminal defense (such as the Alaska Academy of Trial Lawyers or the National Association of Criminal Defense Lawyers ), or an attorney you have previously used, say for a divorce, will or personal injury case.

Make sure that potential lawyer handles the type of criminal charges you are facing. Ask how much experience the attorney has with that type of charge. Just because an attorney handles criminal cases does not mean that she handles every type of criminal case. For example, federal criminal law or sexual assault charges are cases that not all criminal defense attorneys handle. Ask what the potential attorney does to stay current with the law and scientific developments in that area of law.

Talk with lawyers on the phone and in person, if possible. If you are in custody, you might have to rely upon a family member or close friend to handle this. If you are in custody, will the potential lawyer come to see you in jail if possible? Can the potential lawyer explain to you the nature of the charges? Can he outline different defense strategies? Can she tell you what the law is in this area?

There are two types of lawyers to avoid: those who promise good results and those whose fees are really low. The rules that govern lawyers prevent criminal defense lawyers from making payments dependent upon an outcome. Further, legal services are much more art than science. There are a number of unforeseen factors that can complicate cases. A good attorney will promise and deliver good work even if the results may not be what you might want. Despite promises, though, nobody has a crystal ball and nobody can predict what the result will be.

The other type of lawyer may seem like a good deal by charging lower fees, but looks can be deceiving. In law as in anything else, you get what you pay for. A lawyer whose fees are substantially lower than others will generally make up for the lower fees by taking more cases. That means that she has less time to devote to your case. If you cannot pay the going rate for a case, you are better off having appointed counsel than a privately retained attorney who does not have the time to devote to your case.

Once you have interviewed a number of attorneys, you should go with the attorney that you feel most comfortable with. Personality plays a large part in this type of case. You are going to be going through a stressful, difficult experience. You are going to be depending upon your lawyer for advice and comfort. It makes sense to go through this situation with someone that you are comfortable with. It will work out better for you and your attorney in the long run.


Q: The cops want to talk with me/want to search my (car, house, bag, whatever) because they think I might be guilty of a crime. What do I do?

A: This question calls for legal advice and without knowing more about the situation, it is impossible to provide specific advice that would help you. As a general rule, though, any competent lawyer would say three things:

1. Keep your mouth shut. Specifically, DO NOT TALK to anyone but an attorney. This cannot be stressed     enough;
2. Tell the police that you do NOT consent to their search of your belongings; and
3. Get an attorney as quickly as possible.

Tell your lawyer the situation and follow your lawyer’s advice.


Q: What decisions are my decisions and what decisions are my lawyers’ decisions?

A: Individuals charged with crimes have several rights that are personal, meaning that the individual makes the ultimate decision. Those rights include whether to go to trial, whether the trial will be before judge (bench trial) or a jury, whether the client will testify, and whether to appeal. So if you wish to plead despite legal advice to go to trial, it is your decision, not your lawyer’s. Your lawyer cannot make that decision for you. She can only advise you. All other decisions, legally, are your attorney’s. Decisions like what defense you raise, what motions to file, and what witnesses (if any) to call at trial are your lawyer’s. Obviously, your attorney should make these decisions after consulting with you and investigating the case. These are not small decisions, though, and they show why you should pick the attorney that you feel the most comfortable with.


Q: Can I get out on bail?

A: Again, this is a fact-specific question and I cannot give specific advice. I can say that in state and federal court, you have the right to bail. Being able to meet the conditions of bail, though, is a different story. In Alaska, it is common for courts to require a person released on bail to be with someone, frequently referred to as a ‘third party custodian’. The more serious the charge, the more strict the bail conditions. The worse the defendant’s record or the more serious the crime, the more strict the bail conditions. If you are seeking bail, you should talk with your lawyer about a reasonable bail proposal. If the court has ordered you to have a third party, you should generally get someone who knows you, has no criminal convictions, and will be able to watch you as the court orders, i.e., will not have problems with work or other obligations that prevent them from being a third party.

The court can also order you to pay some money to ensure that you appear for court. You can pay this money directly to the court, in which case you get it back at the end of the court proceedings if you make all of your court appearances and follow the court’s orders. You can also hire a bonding company. Bonding companies frequently charge ten percent of a bond plus some extra for collateral. If you make all of your court appearances, you get the collateral back, but not the bonding company’s fee. If you do not appear for all of your court appearances, the court may issue a warrant for your arrest and order that the bail be forfeited (given to the state). So, unless you are in a hospital for an unanticipated illness or injury, make sure you keep in touch with your attorney to know your court dates and appear for them.


Q: What types of cases do you handle?

A: I limit my practice pretty much to criminal cases. I handle state and federal criminal matters of all types at trial and appellate levels. I also handle some other matters that do not really fit into those situations, such as extradition, pre-charge investigations, representation of witnesses in criminal cases, including representation before a grand jury, and civil forfeiture proceedings. Charges that I have handled in the past include: murder (all degrees), sexual assault (all degrees), sexual abuse of a minor (all degrees), child pornography, controlled substances (all degrees), assault, theft, fraud, DUI and other types of charges.


Q: Will you take my case?

A: That depends upon a number of factors. I try to make myself available for persons who need an attorney. However, at times, I have sufficient work that it would not be right to my current clients to take more work. In such a case, I generally provide the names of several competent defense attorneys that would help you. Sometimes there may be a conflict of interest for me to take a case. The rules governing attorney’s practices are complex, but as a general matter, I can only represent one client in a particular case. I cannot take a new case if that new client’s interest would be adverse to a current or former client. Also, as a general rule, I do not travel to Nome (I would travel anywhere else in Alaska, or that I’m licensed). Please call or email me and we can talk about your case.


Q: Will you return my phone calls?

A: The single biggest complaint against attorneys is that they do not return phone calls. I make every effort to return phone calls, but it is not always possible to return them as quickly as some people would like a return. I may be in court or out of the office. Email is, as a general rule, an easier way to reach attorneys in general and me in particular. You can also call my office and speak with my legal assistant. Frequently simple or straightforward questions can be answered through her. For more complicated questions, it is probably best to make an appointment so we can sit down and discuss the situation.


Q: What do you do to stay current with updates in the law?

A: I do several things. For one, I am a member of some professional organizations that provide magazines or other updates about the law or about science. I keep up with current Alaska and Ninth Circuit law through various websites and case law update listservs. I also subscribe to some scientific journals to keep current regarding scientific developments in cutting edge areas of the law, such as DNA, fingerprints, hair and fiber analysis, and medico-legal findings. Further, I attend continuing legal education meetings where lawyers and scientists discuss the frontiers of these areas.


Q: What is your philosophy regarding the practice of law?

A: That is a hard question to sum in a few short sentences. I would suggest you check out my blog about law: alaskablawg.typepad.com. Reading through the posts will generally give you an idea of my general philosophy and who I am.

Q: What types of cases do you like to handle?

A: As a general rule, I prefer more complex cases, such as serious felonies or federal charges. Cases involving new or evolving areas of the law are also challenging. I also enjoy fish and game cases, partly because I enjoy hunting and fishing as personal interests.


Q: What are areas of law are the new frontiers, so to speak?

A: There are a couple of areas that represent the cutting edge of criminal law at present. Both deal with electronic information. One area is child pornography. Another area is the government’s capability to search electronic media. In child pornography cases, legislatures are passing new laws that are being challenged by defendants. Effective representation requires an attorney that is familiar with the legal and the factual issues in these complicated and difficult cases. Electronic searches are another area where new law is coming more from courts than from legislatures. I have handled a number of these types of cases and try to keep current with legislative, judicial and technological developments so I can provide my clients with the best representation possible.