Hiring an Italian criminal lawyer from abroad

Who looks up how to hire a lawyer in Italy

The most common reader lives abroad and has just learned that a case exists in Italy. A letter arrived in a language they do not read, or a relative called from a police station, or a former colleague mentioned an investigation. They have never needed a lawyer here, they do not know how fees work, and they worry about paying too much or too little. They also worry about being taken advantage of, since they cannot check anything from a distance.

Another reader is a family member who has to pay. A parent or a spouse is arranging money for the lawyer while a relative is in custody, and does not know what is normal. They want to know whether they can ask for a written estimate, how payments are structured, and what happens if the case becomes longer than expected. They are in a hurry and are afraid that questions will be seen as a lack of trust.

A further reader works for a company or a foreign law firm. An employee is under investigation in Italy, and the company needs to choose an Italian lawyer and understand the cost. They are used to hourly billing and fixed retainers, and they want to know how Italian practice differs, and how to compare offers. A smaller group has been assigned a court-appointed lawyer and wants to know whether it is free. It is not, and they find out only when a bill arrives.

The choices to make before anyone is engaged

Several decisions come before the initial payment, and they shape the relationship.

Whether to choose a lawyer or accept the lawyer assigned. A court-appointed lawyer is available immediately and is on record from the opening hearing. The cost is not waived: the client usually pays unless legal aid is granted, and the lawyer is not chosen by the client. Choosing your own lawyer takes time and effort, but gives control over who acts and how they communicate. Both can be valid, and sometimes the assigned lawyer is replaced by a chosen lawyer later.

Whether to engage before or after seeing the file. A lawyer who gives a firm price before reading anything is guessing. A lawyer who insists on reading the file before pricing is more likely to give an estimate that holds. Engaging early secures representation at a critical moment; engaging after reading secures clarity. A good compromise is an initial engagement for the urgent steps, with a fuller estimate afterwards.

Whether to accept a fee for the whole case or in phases. Criminal cases have stages with different workloads, and a quotation by phase lets you see the cost as it arises. A lump sum for everything can be reassuring, but it can hide what is and is not included. Ask what happens if the case ends early or goes to appeal.

What to prepare before contacting a lawyer

• The document that started it: a notice, a summons, a photograph of a police paper. The lawyer can estimate the work from it.
• Your identity papers and a note of your address, email and phone, including how to reach you outside office hours.
• A short chronology of events as you understand them, kept factual. It helps the lawyer to ask the right questions.
• Your budget and how you can pay: bank transfer, card, from which country. State it plainly, because it affects how the work is structured.
• Proof of income, if you think you may qualify for legal aid, because the application requires documents and the lawyer must know early.
• A list of what you need to know: cost, timing, who will do the work, how you will be kept informed.
• Any previous lawyer's papers, if a lawyer has already acted, so that the new lawyer sees what has been filed.
• A translation of any key document, if you have it. If not, send the original and ask for a translation as part of the work.
• Your employer's position, if the matter arises from work: whether a company policy or insurance covers legal costs, and who at the company is allowed to speak.
• Insurance papers that might cover legal expenses, such as household, travel or liability policies. Many people have such cover without knowing.
• A list of dates already fixed: hearings, deadlines on notices, your own travel. The lawyer can then tell you which costs depend on them.

What the cost of a case does to a household or a business

Legal fees are among the less visible effects of a criminal case, and they affect how a family manages other obligations. A case that lasts through investigation, trial and appeal means payments spread over a long period, and a household with no spare income can find itself choosing between the lawyer and the rent. Because the final cost is hard to predict at the start, people sometimes commit more than they can sustain and have to change lawyers mid-way, which costs more.

The way fees are agreed also affects the working relationship. An estimate in writing, with phases and likely expenses, makes it possible to plan. Without it, the client cannot tell whether a bill is reasonable, and the lawyer cannot tell whether the client expects a different service. The law requires a written estimate, and a client who does not receive an estimate should ask for it.

Other costs surround the fee. Translations, certified copies, travel, expert reports and court charges are billed separately, and a lawyer who does not mention them is not giving the full picture. Currency matters for clients abroad: a transfer from another country can cost more than expected and take days to arrive. A business that pays on behalf of an employee needs to think about who owns the engagement and who receives the advice. And, for people on modest incomes, the cost of the court-appointed lawyer, which is not free, can arrive late as a bill they had not planned for.

Questions worth asking any lawyer before engaging

• Can I have the estimate in writing, divided into phases, with the expenses shown separately?
• What does each phase cover, and what would take the work outside the estimate?
• Who will do the work: you, a colleague or an assistant, and who will I speak to?
• How will you keep me informed, how often, and in which language?
• What happens to the fee if the case ends early, or if it goes to appeal?
• What payments do you ask for in advance, and how are they credited?
• How would you coordinate with a lawyer in my country if the matter is also open there?
• Do you handle a legal aid application, and what documents does it require?
• What are the risks that you see, and what cannot you tell me yet?
• If we disagree about strategy, who decides, and can I end the engagement and take the file elsewhere?
• Will costs of experts, translators and travel be agreed with me before they are incurred?
• If legal aid is granted, which part of the work does it cover, and which part would I still pay?

Be cautious about a lawyer who answers every question with reassurance and gives no figures. An honest estimate comes with conditions.

What not to do when choosing and paying a lawyer

• Do not pay a large sum before you have a written engagement. Without it, a dispute about what was agreed is hard to resolve.
• Do not choose on the basis of a promised result. Nobody can promise the outcome of a criminal case, and a lawyer who does is breaking the rules of conduct.
• Do not pay in cash without a receipt. Keep a record of every payment, with its purpose.
• Do not assume that a court-appointed lawyer is free. The cost falls on you unless legal aid is granted, and a bill can arrive later.
• Do not sign a power of attorney that you have not read. Check what it allows, for how long and in which proceedings.
• Do not hire several lawyers for the same matter without telling each of them. Conflicting filings do harm.
• Do not rely on a fixed tariff. There is none, and a lawyer who cites a tariff is not describing how fees work now.
• Do not wait for a perfect estimate before acting on a deadline. Engage for the urgent step and agree the rest afterwards.
• Do not transfer money to a personal account. Payments should go to the lawyer's business account, with an invoice, so that the record is clear and tax is properly handled.
• Do not ignore a bill you do not understand. Ask for a breakdown in writing, and raise the matter early, since disputes grow when left.

Engaging a lawyer in Italy from another country

Hiring from abroad is possible without travelling, but it needs some arrangements. The engagement can be agreed by email, and the lawyer can send an engagement letter for signature. A power of attorney is needed for many steps, and it may have to be signed before a notary in your country and certified for use in Italy. Ask the lawyer which form is needed before you sign, because a document in the wrong form is returned and the days are lost.

Payment from abroad has its own practical points. International transfers take time and may be held by the bank for checks, particularly where the sum is large or the reason is a criminal case. Tell your bank the purpose and keep the engagement letter. If you use a card, check the fees. A lawyer should issue a receipt or an invoice for each payment and show what it covers.

Communication matters. Agree on a language, a channel and a time that suits your time zone, and ask what to do in an emergency. Documents in your language need to be translated, and the cost of translation is usually separate. If the case is also open in your country, the Italian lawyer and a lawyer there should coordinate, and you should ask each to confirm it. The consulate of your country can give a list of lawyers and may help with documents, but it does not recommend or supervise a lawyer, and it cannot act for you. Hearings in Italy can be set at short notice, so decide in advance who will represent you if you cannot travel.

How fees and engagement work at the studio

We begin with a short conversation, usually by email or call, to understand what exists on paper and what is urgent. We do not set a price without having seen the main documents. When we have, we send a written estimate that divides the work into phases, shows the expenses that are not part of the fee, and says what would change the figure. The engagement is confirmed in writing, and payments are recorded with receipts.

Documents can be sent as photographs or scans by email. Nobody has to come to an office to engage us. The studio works in English and Italian. If a client prefers another language, we say so early and arrange an interpreter for the main conversations. We explain in plain terms what the court-appointed lawyer is, how legal aid works and when it can be requested, and we tell the client if we think the aid is likely to be available, so that they can decide whether to apply.

Offices in Rome, Milan and Naples allow a lawyer to be near the court that has the file. For clients abroad we handle the power of attorney, advise on how it is to be signed and certified, and coordinate with a lawyer in their country when needed. We are reachable outside office hours when an urgent step is close. We do not promise any result. The email address is avvmassimoromano@gmail.com, and other contacts are on this site.

Italian words that you will see about fees and appointment

• Onorari: the lawyer's fees for the work, as distinct from expenses and charges.
• Preventivo: the estimate of cost, which the lawyer must give in writing, showing fees, disbursements and expenses.
• Parametri forensi: the reference parameters used by a judge to assess fees when there is no agreement. They are not a price list.
• Acconto: an advance payment on account, credited against the final bill.
• Difensore d'ufficio: the court-appointed lawyer, assigned when no lawyer of trust has been chosen. The cost falls on the client unless aid is granted.
• Difensore di fiducia: the lawyer of trust, chosen and appointed by the client or by a close relative.
• Patrocinio a spese dello Stato: legal aid at the expense of the State, available below an income threshold and on application.
• Procura: the power of attorney that allows the lawyer to act. The form required varies.
• Spese: expenses and disbursements, such as translations, copies and travel, billed in addition to the fee.
• Nomina: the appointment of a lawyer, made in writing, which puts the lawyer on record in the case.
• Revoca: the withdrawal of an appointment by the client. The client may do so, and the fee for work already done remains due.
• Fattura: the invoice, which should accompany each payment and state what it covers.