A Special Note To Florida Criminal Defense Lawyers

This is a departure from my normal material due to the new conflict case system Florida has adopted. There are numerous posts elsewhere about how this will hurt indigent people charged with crimes, so I will not dwell on this important aspect. Instead, we will focus on that subject most lawyers hate: Law office economics.

Florida’s conflict case system was drastically altered to make it more “cost effective.” Many Florida criminal defense lawyers are freaking out because they rely on the conflict system for much of their income. There is now less conflict business at lower rates. Here is how smart lawyers will survive the new system:

1. Raise your fees. A “fee for any budget” price war will cause legal fees to be driven lower and lower – among lower priced criminal defense lawyers, not the best lawyers. Service will immediately decline, and your clients will be the ones who suffer most. FANTASY - "The legal fee doesn't affect the quality of legal service." REALITY - The legal fee directly affects the quality of criminal defense legal service.
2. Get off of the conflict list. The new rates pay less than minimum wage. Taking a case under this new system is tantamount to admitting 3.850 IAC. FANTASY - "The new system will be cost effective." REALITY - Taking cases for less than minimum wage is a 3.850 waiting to happen.
3. Raise your fees. My minimum fee is $5,000.00 – plus costs – for any criminal case, even a misdemeanor. Raising your fees may seem counter intuitive, as there will be more lawyers competing for private practice clients. However, raising your fees will actually work. Remember, your banker will repossess your house and your vehicle, but not your kids. You can’t help your clients if you can’t financially help yourself. FANTASY - "No one can afford high legal fees." REALITY - Some can, those are the ones you want as clients. If you and your secretary give up your salary and benefits, you can provide free legal service - and your clients will get what they pay for.
4. Get Board Certified or get out. In the criminal defense private market, you are either a specialist, or you are competing against one. FANTASY - "I don't need board certification because I am just as good." REALITY - You will get kille din the marketplace unless you are extremely savvy.
5. Raise your fees. Your time spent defending a client’s liberty will never be returned to you at the end of your life. These seconds become minutes. Minutes quickly become hours. Hour after hour, you are quickly approaching the end of your time allotted on this earth. Value your time, and your clients will value you.
6. Never take “payment plans.” You can always spot the “Budget fee, payment plan” criminal defense lawyers. They are routinely late for court, always have schedule conflicts, frequently continue cases in the foolish hope that they will be paid, and they always have the most difficult clients. I have seen them get disbarred. FANTASY - "People need payment plans, they don't have the money." REALITY - If you take payment plans, you will chase clients for fees. They have lenders - with lawyers - who specialize in that. You are a criminal defense lawyer, not an interest free lender.

When you are overloaded with too many clients, too many cases, too little time for yourself and your family, you are hurting your client’s lawyer. Performance suffers, people will get hurt.

FANTASY – “I am a professional, money does not matter.”

REALITY – You can't help your clients with legal matters if you can't help yourself with financial matters.

That's just how it is.

Respectfully submitted,
Stephen G. Cobb
FBN: 0835171

CobbLawFirm.com