Determining client's ability to pay fee

Determining client's ability to pay fee

If it appears that the client will be able to pay for the attorney's services, some frank discussion about fees may be appropriate at the outset, or after rapport has been established through unthreatening personal conversation.FN86 If there is no way that the client will become a paying client, it is in everyone's interest for him or her to be referred to the public defender's office at the earliest possible opportunity.

To the extent that the office interview has not adequately covered these areas, additional questions should be asked of the defendant to learn how he or she will be able to pay for the defense. Information should be gathered on:

• the client's current assets;
• present employment or occupation and present salary;
• location and balance of savings and checking accounts;
• location and value of any real property owned, and encumbrances thereon;
• automobiles owned;
• stocks owned and name of broker;
• valuable furniture, jewelry, or paintings owned;
• accounts receivable;
• notes receivable;
• business background; and
• names and addresses of close friends or relatives who will guarantee payment of the fee.