Can the same lawyer charge twice if the first trial was declared a "mistrial"

Question

Can the same lawyer charge twice if the first trial was declared a "mistrial"

Answer 1

Yes. It's not his fault there was a mistrial. Do you expect the lawyer to work for free?

Most lawyers work on a retainer that covers so many hours and then an hourly rate applies if it exceeds the amount of hours stated in the retainer agreement.

Answer 2

Depends on the contract between lawyer and client.  I would say that there is a good argument that if the fee was to go through trial, then the trial has not been completed yet.  I can also see the argument to the contrary.

Answer 3

He has to be relived from the court. If he petitions the court and the court orders him to remain he will have to. Otherwise , you get a PD.

Answer 4

Yes.

Depends on the exact terms of the fee agreement, but some are hourly, in which case you just keeping paying until it's finally over.  Other attorneys charge a flat fee to handle a case through trial, but a mistrial ends the agreement.

Depends on what the agreement says.