Hiring a Criminal Defense Lawyer in Wisconsin
How criminal defense lawyers in Wisconsin charge, your right to a court-appointed lawyer, how bail works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Wisconsin: fee rules
| Rules on contingency fees | Under Wisconsin SCR 20:1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated, and clearly notifying the client of expenses owed whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. SCR 20:1.5(d) bars contingent fees in any action affecting the family (including divorce, legal separation, annulment, paternity, support and maintenance, custody and placement, property division, termination of parental rights and adoption), except to collect past-due support, maintenance or property division, and for representing a defendant in a criminal case or any proceeding that could result in deprivation of liberty. Source: Wis. SCR 20:1.5(c)-(d) |
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| If you disagree with a lawyer's bill | The State Bar of Wisconsin's Fee Arbitration Program may be available when you and your lawyer disagree about the amount charged for legal representation, including costs or expenses. The panel's decision is final and binding, subject only to appeal rights under Chapter 788 of the Wisconsin Statutes; having a lawyer at the hearing is optional. A nonrefundable application fee of $35 to $150 per party applies. Contact feearb@wisbar.org; the Office of Lawyer Regulation does not handle fee disputes. |
| If a lawyer takes your money | The Wisconsin Lawyers' Fund for Client Protection, administered through the State Bar of Wisconsin, may reimburse clients who suffered financial loss due to the dishonest conduct of their attorney, up to the Fund's maximum amount. The committee meets three times a year and sets application deadlines for each meeting. File through the State Bar's File a Claim page; an informational brochure is available in English, Spanish and Hmong. Contact WLFCP@wisbar.org. |
Wisconsin rules to know first
| Getting a court-appointed lawyer | The Wisconsin State Public Defender determines whether a person is indigent and verifies income, assets, public assistance and expenses; applicants sign statements that the information is true and that they have not disposed of assets to qualify (knowingly false statements are a Class I felony). Under the statutory standard, assets are counted only if they exceed $2,500 in combined equity value (excluding up to $10,000 of equity in vehicles and the first $30,000 of homestead equity), and income is counted only if gross income exceeds 115 percent of the federal poverty guideline; a spouse's income and assets count unless the spouse is the alleged victim. A circuit court may review any indigency determination. The office collects payment for representation from persons able to pay, based on ability to pay and a board fee schedule. Standard: https://docs.legis.wisconsin.gov/statutes/statutes/977/02 Source: Wis. Stat. §§ 977.02(3), 977.06 |
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| Bail and release before trial | A defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure appearance in court, protect members of the community from serious harm, or prevent the intimidation of witnesses (subject to exceptions in ss. 969.035 and 971.14(1r)). Bail may be imposed at or after the initial appearance only if the court finds that bail is necessary to assure the defendant's appearance in court, or, for a defendant accused of a violent crime, that bail is necessary based on the totality of the circumstances (considering prior violent-crime convictions, likelihood of not appearing, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses). When bail is set to assure appearance, it shall be only in the amount found necessary to assure appearance; when set for a violent crime, it may not be excessive. The court considers the ability of the arrested person to give bail, the nature, number and gravity of the offenses and potential penalty, whether the alleged acts were violent in nature, prior record, character, health, residence and reputation, the strength of the evidence, supervision status, pending release conditions, prior bail forfeitures, and the policy against unnecessary detention pending trial. Source: Wis. Stat. § 969.01(1), (4) |
| Felony classes and sentences | Wisconsin grades felonies as Classes A through I. Class A: life imprisonment. Class B: imprisonment not to exceed 60 years. Class C: a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both. Class D: a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both. Class E: a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both. Class F: a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both. Class G: a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. Class H: a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both. Class I: a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both. Source: Wis. Stat. § 939.50(3) |
Find and check a lawyer
| Lawyer referral service | The State Bar of Wisconsin's Lawyer Referral Service (LRS) connects the public with a trained legal assistant (not legal advice) who assesses your situation and points you to the most appropriate resource; if you need an attorney, LRS refers you to one in your area interested in your type of legal issue. Referred attorneys agree to charge no more than $20 for the first 30-minute consultation; regular fees apply after that. Phone: (800) 362-9082. |
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| Check that the lawyer is licensed | The Wisconsin Court System's Lawyer Status and History site lets the public search Wisconsin lawyers by name, State Bar number, law firm, city, state, law school or graduation year; the Office of Lawyer Regulation lists it for lawyer status and history. |
| Check discipline history or file a complaint | Grievances against Wisconsin lawyers go to the Supreme Court's Office of Lawyer Regulation (OLR). File by phone at (608) 267-7274 or (877) 315-6941, option 1 (not available to incarcerated persons); by mailing a letter or the LR-004 grievance form to Office of Lawyer Regulation, P.O. Box 1648, Madison, WI 53701-1648; or by emailing the form and documents to olr.intake@wicourts.gov. Grievances are against individual attorneys, not firms. OLR's preliminary evaluation may forward the matter, resolve a minor dispute, close it, or refer it for investigation, diversion or a consent reprimand; investigated matters can go to the Preliminary Review Committee, which can authorize a complaint in the Supreme Court. Some cases take 30 to 90 days, complex ones one to two years. You generally cannot learn whether grievances were filed, but OLR will disclose public discipline and formal complaints filed with the Supreme Court. |
Free legal help
| Free legal aid | Legal Action of Wisconsin provides free civil legal help to people who qualify. Apply online or call (855) 947-2529 (about 20 minutes); intake asks about income, assets, household size and the legal issue, applying does not guarantee services, and people who are not accepted get referrals to other resources. The Wisconsin courts' Self-Help Law Center offers forms and information for people representing themselves (not legal advice). LSC lists Legal Action of Wisconsin as its Wisconsin grantee. Self-Help Law Center: https://www.wicourts.gov/services/public/selfhelp/index.htm; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Wisconsin · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.