The fee for a lawyer’s services in a criminal case is determined according to the circumstances of each individual case. Even cases of the same category may differ considerably in complexity, in volume, in duration and in the scope of the work to be carried out. For that reason, no single, pre-set price applies to every criminal case.
In order to establish the cost of legal services, it is necessary to obtain initial information about the case, to ascertain the person’s procedural status and to determine the volume of legal assistance that is required in the particular instance.
What does a lawyer’s fee depend on?
The following may be taken into account when the fee for legal services is determined:
- the legal and factual complexity of the case;
- the person’s procedural status — witness, the accused, the convicted person, the victim or another participant;
- the stage the case has reached — the investigation, the first instance, appeal or cassation;
- the content of the charge and the volume of the case materials;
- the need for urgent steps connected with the person’s detention or with their remand in custody;
- the likely number of meetings, procedural actions and court hearings to be held;
- the legal and factual research needed to prepare the defense strategy;
- the likely duration of the proceedings;
- the place where the legal assistance is to be provided and the need to travel to another city in Georgia;
- the need to involve an interpreter, an expert or another specialist;
- whether the lawyer takes part in one particular action or conducts the case in full.
What may legal services cover?
Depending on the agreement, the services may cover one particular legal action or the conduct of the case in full.
A particular service may involve:
- legal advice and an initial assessment of the risks in the case;
- a meeting with a person who has been detained or is being held in custody;
- taking part in an interview, in questioning and in other investigative actions;
- defending the person when charges are brought;
- taking part in the hearing on a measure of restraint;
- preparing the position of the defense and the legal strategy;
- studying the case materials and the evidence;
- conducting the defense in the court of first instance;
- preparing an appeal or a cassation appeal and conducting the case;
- legal assistance on a question of extradition or of an international search;
- preparing an application to the European Court of Human Rights and representation before it.
The precise scope of the services and the fee are determined by agreement between the parties and are set out in the contract for legal services.
How are the terms of the fee agreed?
Having regard to the circumstances of the case and to the volume of the services, it is possible to fix:
- a fee for a one-off service;
- a fee for a particular stage of the case;
- a single overall price for the full legal service;
- payment of the fee in several installments, where the parties so agree.
Before the contract is signed, the client is told which legal actions are included in the agreed service and which additional costs may not be included in the lawyer’s fee.
Is it possible to find out the price of the services in advance?
Yes. The approximate or the final cost of the services can be determined once the necessary information about the case has been obtained and the volume of the work to be carried out has been assessed.
For that purpose, it is advisable to provide the lawyer with:
- the person’s procedural status;
- which authority is conducting the case;
- the article under which the charge is brought, if it is known;
- the stage the case has reached;
- whether the person has been detained;
- whether a court hearing or another procedural action has been scheduled;
- the documents and decisions that are available;
- what kind of legal assistance is required.
A price quoted on the basis of general information alone may not reflect the real volume of the case. The terms of the fee are therefore determined after the particular circumstances have been assessed.
Consultation and agreement on the terms of the service
For an initial discussion of the case and in order to establish the cost of the services, you can contact lawyer Avtandil Giorgadze.
When you make contact, please state briefly the substance of the case, the stage it has reached, the person’s procedural status and whether there is any urgent matter connected with a detention or with a court deadline.