Collecting or securing payment of fee

Collecting or securing payment of fee

Counsel should attempt to secure payment of the entire fee, or at least a large portion of it, prior to trial, if at all possible. If the defendant is unable to pay any fee at that time, counsel should attempt to secure it by means of a property mortgage arrangement. It is important that a substantial retainer be paid to the attorney even before putting his or her name on any record as the defendant's attorney; courts are reluctant to release attorneys who do not "firm up" their agreements with their clients before undertaking the responsibility of a serious criminal case.

Counsel should give a written receipt for the retainer paid by the client, indicating that it is in partial payment or on account of the total fee, which should be stated if known.FN90