< Back to the Main Site

Author Topic: CCW Holder Attorney  (Read 2536 times)

Offline clear28695

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Posts: 1
CCW Holder Attorney
« on: April 05, 2009, 03:20:30 PM »
Does anyone have contact data/info on a NE attorney(s) who would be willing to go on retainer for CCW holder and/or Armored Car armed crew members in case of a shooting?
Best,
Dave
402-432-5689

Offline bullit

  • NFOA Full Member
  • **
  • Join Date: Feb 2009
  • Posts: 2143
Re: CCW Holder Attorney
« Reply #1 on: May 28, 2009, 07:42:12 PM »
A couple of comments....it is recommended that you NEVER have an attorney on retainer.  Think about the kind of people in our society that have attorneys on retainer.   Likely scenario should you be involved in a "righteous shoot", you may be protrayed to the jury as some kind of mob thug.  Also, may give the impression you are one itchin' for action. 

Secondly, I would recommend you join the Armed Citizens Legal Network.  They have (and are continuing to put together) a national list of defense attorneys who are well versed and seasoned in self defense shootings.  Cheap insurance at $85/yr or $135/couple.  Ayoob, Farnham, Hayes, Thueller (sp?) to name a few are among the board members who will review your case for free and help your legal counsel for no charge either. 

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: CCW Holder Attorney
« Reply #2 on: May 28, 2009, 08:29:16 PM »
Thanks  bullit.

I went to the site and found a great source for info in their E-Journal archives http://www.armedcitizensnetwork.org/EJournal.html
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline wrenrj1

  • NFOA Full Member
  • **
  • Join Date: May 2009
  • Posts: 112
Re: CCW Holder Attorney
« Reply #3 on: June 07, 2009, 07:45:18 PM »
Not sure if you're confusing having an association with an attorney vs. having an attorney on retainer but here's a clarification if you want and attorney on retainer.  People who have regular interactions with attorneys generally for regular business (usually not criminal) will pay a retainer fee for services.  I copied and pasted the following:

A retainer fee is a form of pre-payment which is usually based on the attorney's hourly rate. This advanced fee ensures that the attorney will provide certain legal services on behalf of the client. Think of it as a down payment on the services the attorney provides. The funds, which are usually non-refundable, are place in the attorney's or law firm's business or trust account where they have access to it to pay any upcoming expenses associated with the services that are rendered on behalf of the client. If the fees go above the retainer amount, the client must pay that amount. The retainer fee is just an initial estimate and it prohibits the lawyer or his firm from representing a competitor of the client. Additional fees beyond the retainer are often required when a matter must go to court.

A retainer fees is also used to pay for services when you want to have an attorney on call to take care of your legal problems upon request or if you need legal counsel on a regular basis. In many cases, this fee is paid on a monthly schedule. In other words, by paying the monthly fee you have access to an attorney whenever you need legal guidance or assistance.

You are probably looking for an association with a lawyer for other purposes, i.e. estate planning, general liability, wills, etc. but also should mention that you are a CCW carrier to give the heads up that there may be pending legal issues down the road.

Offline bullit

  • NFOA Full Member
  • **
  • Join Date: Feb 2009
  • Posts: 2143
Re: CCW Holder Attorney
« Reply #4 on: June 08, 2009, 01:04:49 PM »
Again, I would recommend not having an attorney on retainer due my aforementioned reasons.  A GOOD personal attorney is not going to have a monthly, etc. retainer requirement.

If you are CEO Joe Smith of Fortune 500 company X, a retained attorney is typically legitimate.  For most of us, probably a bad idea.  My opinion ........  stay low on the radar.

Offline wrenrj1

  • NFOA Full Member
  • **
  • Join Date: May 2009
  • Posts: 112
Re: CCW Holder Attorney
« Reply #5 on: June 08, 2009, 07:58:55 PM »
I think I'll go the retainer route...

-Joe Smith, CEO
Kramerica Industries

(just kidding...)

Offline bullit

  • NFOA Full Member
  • **
  • Join Date: Feb 2009
  • Posts: 2143
Re: CCW Holder Attorney
« Reply #6 on: June 09, 2009, 09:35:08 AM »
I am attempting to schedule (playing phone tag) an appointment with a Nebraska attorney who specializes in "lawful use of deadly force".  Teaches the cops, etc.  I will keep the forum advised on any pertinent (sp?) information.

Offline LawyerJan

  • NFOA Full Member
  • **
  • Join Date: Dec 2008
  • Location: Lincoln
  • Posts: 45
Re: CCW Holder Attorney
« Reply #7 on: August 10, 2009, 04:04:43 PM »
My associate and I do not "specialize" in lawful use of deadly force, but we'd be willing to chat with you.  We have experience with weapons issues and Kurt testified in favor of the CCW amendments. 

I have mixed feelings about the "retainer issue" but let me add this, for a business like yours, having access to an attorney who will answer your calls is important whether that is by retainer or another friendship is up to you.  I appreciate the comments about not using the retainer method and you must satisfy yourself that a retainer is or is not the way to go.  I have a few clients who have retained me, and they appreciate the access that it gives them, the same access that is not necessarily afforded to a "friend".

What a retainer does do however, is lock you in to one firm (unless you want to pay twice).  If you want to go the retainer method, make sure you get the agreement in writing, find out what it covers, what circumstances might alter the ability to use that firm or when you may be able to hire co-counsel.  Make sure you understand how that retainer is going to be used and accounted for.
NRA, USCCA, NFOA