COURT FOR THE COUNTY OF 
| Chapter 4: Attorney Fees and Expenses |
4-1 Attorney Fees and Expenses
Attorneys appointed to represent indigent defendants in criminal cases in Michigan are entitled to "reasonable compensation." MCL 775.16; MSA 28.1253. Each county has its own fee schedule for paying appointed counsel. Some counties pay an hourly rate, some pay flat fees per case, and many enter contracts with specific attorneys for specific services. Most counties pay expenses separately from fees. A statewide survey of assigned counsel fees is published at "Michigan Trial Assigned Counsel Fees," Criminal Defense Newsletter (July-August and September, 1998).
When the fee schedule in your county is inadequate to allow you to effectively represent your client, you should consider filing a motion for additional fees. The issue of fee schedules has been, and continues to be, litigated around the state. Both the attorney's statutory right to reasonable compensation, MCL 775.16; MSA 28.1253 and the client's constitutional right to effective assistance of counsel can serve as the bases for the motion for additional fees.
Reasonable compensation must include office overhead, expenses, and a contribution toward the attorney's own support. The factors to be considered in determining a reasonable fee include time spent, nature and extent of services, difficulty of issues, possible punishment involved, result obtained, standing and experience of attorney, and customary charge for like services. Parrish v Denato, 262 NW2d 281 (Iowa 1978); Crawley v Schick, 48 Mich App 728 (1973); Michigan Code of Professional Responsibility, DR 2-106 (B).
4.1 Motion for Attorney Fees and Expenses [Download: WP | Word | PDF]
COURT FOR THE COUNTY OF
___________________________________
PEOPLE OF THE
STATE OF MICHIGAN,
Plaintiff, No. 
vs Hon. 
,
Defendant.
__________________________________/
, by 
attorney, moves for an award of attorney fees and expenses, based on the work
performed and sums expended, for the following reasons:
1. 
was charged with 
.
2. Counsel was appointed to represent 
on this charge on 
.
3. The attached itemization of attorney hours, Exhibit A, shows that counsel spent 
representing
, including 
out of court and 
in court.
4. A reasonable hourly rate for these services, consistent with the rate paid in the community, is
5. Payment of this rate is justified by counsel's experience and expertise.
6. The itemization of expenses, attached as Exhibit B, shows that counsel has expended 
in expenses
reasonably related to the defense of 
. These expenses include
In addition to these expenses, defense counsel incurred 
in investigation costs.
8. Competent representation of a defendant in a criminal case requires adequate pretrial investigation. People v Davis, 199 Mich App 502 (1993).
9. The itemization of costs by 
, attached as Exhibit C, shows that 
has
charged a reasonable hourly rate, and that the services were reasonably related to the preparation and defense
of this case.
10. The time spent by counsel, the expenses paid, and the investigation undertaken were required by the Defendant's constitutional right to effective assistance of counsel. Mich Const 1963, art 1, §20; US Const, Am VI.
11. Counsel is entitled to "reasonable compensation." MCL 775.16; MSA 28.1253.
12. The amount requested is reasonable.
For these reasons, 
and 
counsel request that this Court award 
in attorney fees, 
in expenses, and 
in the cost of investigation.
Respectfully submitted,
_______________________
Attorney for Defendant