You have decided you need to hire a lawyer. Now what happens? How much are you going to have to plan for legal fees and how are you going to pay? Below are answers to commonly asked questions we at Fleischer Law Solutions are asked during client consultation.
How are legal fees determined
Legal fees are determined based on the attorney’s experience, geographical location, complexity of the case, the type of case and the expectations of the client. Depending on the type of case, a law firm may ask for a retainer, may bill, may offer a flat fee or representation on a contingency basis. Personal injury attorneys who represent clients in accidents are able to offer fees where they do not charge the client any legal fees up front. These attorneys are able, by law, to charge the clients 1/3rd of the eventual settlement. In the event the case goes to trial, the firms may or may not negotiate trial fees.
Family and divorce attorneys are not allowed by law to work on contingency. Therefore, the general model is to charge an hourly rate and ask for a retainer, which is a deposit that the attorney bills against. How are these retainers calculated? Generally, the earlier you hire an attorney, the less the attorney will need as a retainer. However, the longer you wait to hire an attorney, and the more complex the case becomes, the more money the attorney is going to seek.
Where do these fees go
For example, if you break your leg, you go to a doctor. You have a consultation, an X-ray, you are given a cast, medical equipment, such as crutches or a walking book, and a script for medication. You then receive a medical bill and each of these items are listed. You can see the x-ray, the cast, the medial equipment and the medication.
However, legal fees are based on time. Your lawyer spends hours researching, planning and drafting pleadings. Your lawyer has to review documents received from the other side and spends time negotiating with the other side as well as time spent going to court, preparing for arguments. There are numerous emails and conferences with clients and in many divorces and family cases, surprise documents or emergency pleading to answer. However, when you receive your legal bill, and an hour is listed for preparation, you can’t see a final product – because it’s time.
Why can’t my divorce attorney charge a flat fee?
Some attorneys can charge a flat fee if a divorce is uncontested and both parties agree to the terms of the divorce. In that case, an attorney is able to calculate the time it will take to draft the necessary papers, file the papers and present the divorce to the court.
However, in a contested divorce, the more the parties disagree the higher the legal fees will become. Many times, there are motions for temporary orders filed, emergency orders, and orders to compel documents. The more complex the issues there may be the need for experts in the form of financial experts, forensic accountants or child custody experts such as Guardian ad litems or other professionals.
Can I get attorney fees from my spouse for my divorce
In some cases where one spouse earns a much higher wage or has considerably more assets than the other spouse, an attorney can ask the court for an advance of the fees from the other spouse. This is done by either agreement of the parties or filing a motion with the court.
Sometimes if there is going to be a sale of a marital asset, such as the marital home or other piece of property, the attorney is allowed to enter into an agreement to be paid legal fees at the sale of that asset. This is not to be confused with a contingency fee. In that case, the client enters into a fee agreement to pay outstanding legal fees from the proceeds obtained at the sale.
What if I need an attorney to help me only to draft pleadings or appear at court
Limited Assistance Representation (LAR) allows you to hire an attorney for specific tasks. This is akin to unbundling of legal services. The client and attorney enter into a specific fee agreement wherein the attorney represents the client for specific tasks such as drafting pleadings, appearing at a court appearance, assistance with discovery, assistance with serving papers or any other specific legal task. However, an attorney hired LAR is not entering into the case or providing full representation. When the LAR attorney is hired to appear at a certain court date, that attorney files a LAR notice of appearance and at the same time a LAR notice of withdrawal. The client would have to hire the attorney each time to appear for any other court appearance or to assist with any other tasks not on the original fee agreement. LAR may be a good option for an uncomplicated case, drafting or responding to pleadings, however, it’s not the best option for complex and contested cases.
What is the fee structure at Fleischer Law Solutions
Every case is different with unique facts and circumstances and goals of the client. We at Fleischer Law Solutions employ the hourly retainer model for most family law and divorce cases. However, if a case is not complex, we offer flat fees and LAR representation.
Don’t let legal fees prevent you from prevailing in court. We at Fleischer Law Solutions offer a complimentary 30-minute phone call. If we need more time, we offer a paid consultation. If you hire our firm, we waive the fee; if you hire our firm at a later date, we credit the fee.
We look forward to assisting you with your next legal issues.