How are attorney's fees calculated?
The exact fee will vary with the services you require. Family
law cases require many services and activities. Issues may
include: separation, divorce, custody, visitation, alimony, child
support, property division, valuation of assets, and
attorney's fees and costs. Services may include: court
appearances, research, investigation, correspondence,
conferences, settlement negotiations with your spouse's
attorney, preparation of pleadings and other legal documents,
pre-trial discovery, trial preparation, and trial. You will also
obtain advice concerning your assets, liabilities, income,
expenses, insurance, taxes, and recommendations concerning
property division and support. If a trial is necessary, the court
has the authority to order one spouse to pay the other's
attorney's fees in alimony, child support, and child custody
matters. The amount awarded by the court will rarely pay the full
amount of the attorney's fees.
By far, the most common method of calculating fees is charging for the amount of time required for each service. Hourly rates can differ dramatically. A greater hourly rate does not guarantee a superior service. Typical hourly rates range from $75 per hour up to $300 per hour. Some lawyers have different hourly rates depending upon the complexity of the case. The other method of calculating fees is the flat rate. A flat rate may be charged for the entire divorce or for a particular stage of litigation. For example, a lawyer may charge $750 for the entire divorce or $500 per deposition. Finally, some lawyers may offer a flat fee for a divorce that is not seriously contested, then charge an hourly rate if the case becomes contested.
How much are court costs?
Court costs are approximately $100 if the case is totally
uncontested. If there are many motions or other hearings, the
court cost could reach as much as several hundred dollars.
Examples of other expenses can include court reporter fees,
copies, subpoena service, expert's fees, court costs,
deposition transcription costs, telephone toll calls, and other
out-of-pocket expenses.
What is reasonable?
Each case is different, with fees ranging from several hundred
dollars to over $100,000 in contested custody matters.
I went to one lawyer who said that he would charge a
percentage of the settlement. Isn't this a good deal for
someone without access to financial resources?
No. Contingency fees in divorce cases are suspicious and are
subject to very strict requirements. Even if a person has a very
large estate, this type of fee calculation is not a generally
accepted practice.
The lawyer I selected asked me to pay a retainer. Is
this appropriate?
Absolutely. Lawyers are compensated for their time and advice.
There is an old saying that when a client pays a retainer, the
client knows he or she has a lawyer, and the lawyer knows he or
she has a client. However, always make sure your agreement with
the lawyer is in writing.
How do I know if time charges are
accurate?
Two very important things to look for are a written agreement
or contract and detailed monthly billing statements or invoices.
The written agreement should spell out in detail how time is
billed and fees are calculated. The billing statements should be
generated generally on a monthly basis and be detailed. There is
no iron-clad way of knowing whether time charges are accurate,
but insist on an itemized statement and compare the charges to
time you know that was spent. For example, if you spoke to the
lawyer for 15 minutes on February 20, make a record of the call
and compare it with the invoice. If you are concerned, call your
lawyer and ask questions. If you dispute the fee or are not
satisfied with the response, put your reasons in writing and mail
it to the lawyer. The lawyer is required by the ethical code of
his profession to respond to your concerns and answer all
questions directly. If the lawyer is evasive, hire another
lawyer. If there is a major dispute that is not resolved, all
states have boards that have the authority to discipline
lawyers.
What can I do if I want to hire a lawyer but have no
control over marital funds?
If your spouse controls the family's money, you may be
entitled to ask the court for attorney's fees pendente lite,
which means the court may order your spouse to pay fees to your
lawyer at the beginning of the divorce. Discuss this with your
attorney. This is a common situation, and while each case is
different, the lawyer may have helpful suggestions.
