Current Crises

The hourly fee structure for attorneys doing this type of work is embarrassing.  The Massachusetts rates are $65 per hour for District Court, $85 per hour for Superior Court and $120 per hour for murder cases.  The extremely low wages are keeping out new attorneys and forcing out seasoned attorneys who need to make a living.  It sounds like a good deal until you realize there are no benefits and the costs associated to open the doors each year.  Massachusetts is the second most expensive state to live and it pays the attorneys one of the lowest rates in the Northeast.  See state comparison to compare what other states pay their attorneys to take appointed cases. 

**The state is currently paying the private investigators hired by Bar Advocates the rate of $75.00 per hour.

**The state is currently paying social workers hired by Bar Advocates the rate of $81.00 (Bachelor degree), $135 (Masters degree) and $214.00 (Doctorate degree) but yet the Attorney Doctorate degree is only worth $65.00 per hour.

Every county is having issues filling their daily duty day.  It's been so bad in Hampden County that CPCS is willing to pay Bar Adocaes $424 to go take a duty day there.  They'll also pay up to $130 for hotel(good luck finding something decent at that price) if you need to stay there one night.  Even with this there's still a shortage.  Many other counties have daily issues which are getting worse. Suffolk and Middlesex are constantly looking for coverage. Middlesex County recently sent out a list looking for help on 20 days in the months of March and April.  

In past two years, CPCS has increased the yearly hours each attorney could work from 1650 to 2000 per year to cover for attorney shortage.

CPCS has also made a considerable decrease in the requirements to apply to the Superior court list. You can now apply to handle life felonies if you've done 6 jury trials in 12 years.  

The extremely low pay structure and a 77% burnout rate for Massachusetts Attorneys(view Norc Study).  High stress and low pay is driving experienced public criminal defense attorneys into new area of practice.  Why would anyone work for $65 per hour when the the privates rates in other areas are:

Criminal :     $250-400 per hour

Civil       :     $300-400 per hour

Divorce  :     $300-550 per hour

Corporate:   $300-550 per hour

Immigration: $300-500 per hour

The hourly fee looks a lot worse when you factor in what it takes to open the office every year. The high cost of student loans for law students is a major hurdle for new hires.  Here's a conservative breakdown of what's needed before you take a case.  It basically bring the current hourly pay down under $50 an hour.  

1. Malpractice insurance ($800 to $1500-- Increases every year)

2. Health Insurance. ($2500 to $15,000--increases every year and depends on plan)

3.  Office  ($5000 to $12000 per year just for lease)

4.  BBO Card 

5.  Bar program fee

6.  Office phone/internet 

7.  Student loan. (varies for all but most new attorneys have huge loans)

8.  Any research program(Westlaw/Lexis, other) ($2000 to $5000 per year, depends on selection)

9.  Other legal research( a $50 motion book 15 years ago is now over $500),

10. Membership to Bar Associations (varies)