Communicating with Your Attorney

There are many many ways to contact your attorney. If there is an emergency you should telephone the office so that the staff may hunt them down for you. However, in most instances the best way to let them know what is going on is to put it down in writing. Either by letter, EMail or facsimile so that the file can be pulled, and the status reviewed to answer your particular questions. An even more effective tool is to make your list of concerns and questions and set a conference with your attorney to discuss them. Knowing what methods your attorney prefers can increase the response time. Clients know that we have conferences on Mondays and Wednesdays and that therefore, we are available for phone calls on Tuesdays and Thursdays, after court.

What is a reasonable retainer?

Pure Retainers

There two types of retainers: Those that reserve an attorney's time and reputation for your case and those that are charged against an hourly fee (Hourly Retainers). A pure Retainer is a fee that ensures that the attorney of your choice will represent you and not the other party. The attorney receives the non-refundable retainer guaranteeing that they will not take any other cases which may monopolize their time and they will not represent the other party, ever.

 

Hourly Fee Retainers

Hourly Fee Retainers are charged against actual work performed by the attorney. For example if the retainer is $3,000 then you just purchased 10 hours of attorney time at the rate of $300 per hour. If the attorney does not perform the 10 hours of service, the balance is refundable. An itemized accounting of the work performed should be provided on a regular basis.

 

WARNING:

If your retainer is exhausted and your case goes over the 10 hours (per the above example), you will receive a bill. If that bill is not paid in full in a timely manner, the attorney can withdraw from your case for lack of payment. The key is to find an attorney who will accept monthly payments, once the retainer has been exhausted. No one has a crystal ball and can predict how smoothly a case will run, so you must plan for the worst case scenario. Ask each attorney you consult with..."What happens if my retainer gets exhausted?" If you hear, "Don't worry, we'll work it out." WORRY. Or, "We'll send you a bill." If the agreement to accept monthly payments is not in your written retainer agreement, then it does not exist. Do not fall into this trap or you'll end up representing yourself at trial.

Costs of Dissolutions

Hourly Fee Retainers very greatly depending on the complexity of the case....for example an actual uncontested dissolution averages $1,500; however a child custody matter can run over $5,000 - $10,000. The average, two kids, one house, one retirement division averages $3,500. The above amounts are for attorney time only and do not include the Court's filing fee of $193 or other out of pocket costs. Posey & Associates do not charge for the efforts of our paralegals/legal assistants, we only charge for the attorney's time, formal appearances, time in court, telephone calls, conferences and document preparation. Beware: Other firms will charge you for the attorney dictating a document, the draft prepared by the legal assistant, and then the final review of the draft by the attorney. I have seen some firms charge for meetings between the legal assistant and the attorney while they are discussing the case management!

Which attorney do I choose?

First, you should choose an attorney whose practice is 90 percent family law. Many attorneys like to dabble in family law, thinking that it is easy. However, family law is one of the most complex and ever changing areas of the law. We have to be able to determine business cash flow analysis, know tax implications of transactions and support, be a counselor and guide, residence sales, retirement options, negotiations and a plethora of other skills. Secondly, you should choose an attorney with whom you can communicate easily, who will understand what you need and take the time to listen to your concerns.

"I'm in this for the long haul..."

Some couples split with a vengeance. Their divorce strategy is to make the other party as miserable as possible by blocking settlement agreements, contesting visitation and being just plain difficult. To get personally involved in this sort of petty bickering is pointless that's what your attorney is for. Attorneys love that sort of thing, by the way. That's how they spend their day. Arguing. They're good at it. No, you don't understand- they're reeaally good at it. If your soon-to-be ex-spouse is being difficult, the right attorney can get you things you've only dreamed of.