What kinds of help can I get from a lawyer who practices family law?
In Tennessee, family law attorneys generally deal with legal issues that come up for spouses and parents before, during, and after marriage. For example, a family law lawyer can help you with:
- marital agreements
- annulments
- separation
- divorce
- custody
- visitation
- alimony
- child support
- property division
- valuation of assets, and
- and recouping attorney’s fees owed to you.
What am I paying a family law attorney to do?
When you hire a family law attorney, you’re paying for the time an attorney spends working on your case. Depending on your circumstances and legal issues, your lawyer may have to appear in court, do research and investigation, correspond with other parties, attend meetings and settlement negotiations, prepare pleadings and other legal documents, perform “discovery,” prepare for trial, and represent you at trial. Your family law attorney can also provide advice about your assets, liabilities, income, expenses, insurance, taxes, property division, and support issues.
How much will I pay for a family law lawyer in Tennessee?
How much you will pay your lawyer will depend on the services you need and how your attorney charges for those services.
Hourly. If your attorney charges by the hour – as most attorneys do --he or she will keep track of the time spent on your case and will send you a bill or invoice at the end of the month. Lawyers usually charge for partial hours as well, rounding up to the nearest ten or fifteen minutes. Hourly rates can range from $75 to $300 or more per hour. Some lawyers have different hourly rates depending upon the service provided or complexity of the case.
Flat Rate. Some lawyers charge a flat rate for specific services. 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. And some family law lawyers may offer a flat fee for a divorce that is not seriously contested, then charge an hourly rate if the case becomes contested. A flat rate can be a bit of a gamble because whether it’s a good value, depends on how much time your attorney ends up spending on your case – something you probably won’t at the beginning.
Contingency. Lawyers paid on contingency usually get a percentage of the final settlement amount. Although this could seem like an attractive arrangement for someone who cannot pay fees up front, contingency fees are highly suspect and not recommended for divorce cases Even if a person has a very large estate, this type of fee calculation is not a generally accepted practice. If a lawyer offers you a contingency fee, get a second opinion.
Keep in mind that a high hourly or flat rate does not guarantee a superior service. Your best bet for finding a qualified lawyer is getting personal recommendations from friends or colleagues. Learn more about How to Find an Excellent Lawyer.
How do I know if hourly charges are accurate?
Make sure you and your lawyer have a clear understanding of how billing will work. You and your lawyer should make a written agreement that spells out in detail how time is billed and fees are calculated. The lawyer should also give you detailed monthly billing statements or invoices. 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 to respond to your concerns and answer all questions directly. If the lawyer is evasive, hire another lawyer. If you have a major dispute with your lawyer, you can file a complaint with the Supreme Court of Tennessee’s Board of Professional Responsibility.
What is a retainer, and should I have to pay one?
A retainer is a large fee paid to an attorney up front. Usually, hourly fees are taken out from the retainer as the lawyer works on a case, and the retainer is refreshed when funds run low. Retainers assure clients that they have a lawyer and they assure lawyers that the client can pay for their services. While many lawyers charge retainers, you can probably shop around for one that doesn’t. If you do pay a retainer, make sure your agreement with the lawyer is in writing.
In a divorce, can I make my spouse pay my attorney fees?
You can ask your lawyer to include attorney fees in your settlement discussions. Whether your spouse will accept paying your attorney’s fees depends on your situation and how the settlement discussions go. 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. However, the amount awarded by the court will rarely pay the full amount of the attorney's fees.
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.
What else will I have to pay for?
When getting divorced, in addition to your lawyer’s fees, you will have to pay court costs and other out-of-pocket fees. 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. You may also have to pay additional fees out-of-pocket expenses such as court reporters, copies, subpoena service, expert's fees, court costs, deposition transcription costs, or telephone toll calls.
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