The California Bar lays out some basic guidelines for attorney fees. You and your lawyer should agree on what you will pay and which services will be granted. By law, fee agreements with your lawyer must be in writing when the lawyer anticipates fees and costs for your case to total $1,000 or more.
Below are the key items you need to be aware of regarding fees and billing:
- How a lawyer decides what amount to charge;
- Lawyers consider various factors when setting their fees;
- A lawyer who is more experienced in a certain area of the law may charge more than someone who is not;
- A lawyer can consider the complexity of the case and the amount of time your matter could take; and
How often your attorney will bill you for services.
Except for contingency fee arrangements, you can expect to be billed monthly by your attorney.
What are the Types of Fee Arrangements?
The California Bar also describes some fee arrangements utilized in the legal realm. Attorneys use different types of fee arrangements. These are the most common types of fee arrangements used by attorneys:
- Fixed fee or standard fee: Commonly used for routine legal matters, such as preparing a simple will. Before agreeing to a fixed fee, find out what it does and does not include, and if any other charges may be added to the bill;
- Hourly fee: Request the lawyer to estimate the amount of time your case will take, so you understand what your total costs may be. Remember that circumstances may change, and your case may mandate more hours than the lawyer initially expected;
- Retainer fee: A retainer can mean different things to different people. Make sure you understand your retainer agreement;
- Contingency fee: This type of fee is often used in accidents, personal injury, or other types of legal cases in which someone is being sued; and
- Statutory fee: The cost of certain probate and other legal work is set by statute or law. For these proceedings, a court either dictates or must approve the fee you will pay.
Furthermore, law firms sometimes use other billing arrangements, often referred to as alternative fee arrangements (AFAs) or value-based billing. Depending on the law firm, lawyers can have significant discretion in determining payment options and may be willing to negotiate a creative arrangement with a client. It is becoming increasingly common for lawyers to offer installments or fixed monthly fees, while others may accept nontraditional forms of payment such as credit cards.
Moreover, some may even offer hybrid methods such as hourly rates with a guaranteed minimum and maximum. Contingency or success fees, which factor a case’s outcome into billing arrangements are common in some areas of law as mentioned earlier but considered unethical in most states for family law and are illegal for divorces in other states.
Therefore, all fees must be disclosed in a written fee agreement or retainer. By law, fee agreements with your divorce lawyer must be in writing when the lawyer expects fees and costs for your case to total $1,000 or more. Keep in mind that a lawyer will charge you for other costs of your case, and you will be responsible for paying these costs even if your case is not successful.
Additionally, costs can add up quickly, therefore it is a good idea to inquire about a written estimate in advance with your lawyer of what the costs will be, and whether you will have to pay such costs directly or if you will be reimbursing the lawyer for such costs paid on your behalf.
Furthermore, you may have to approve costs over a certain amount in advance. If you cannot afford to pay your lawyer’s bill, try to work out a payment plan or another arrangement with the lawyer. If you cannot reach an agreement on how to handle the problem, the lawyer may be entitled to stop working on your case or even withdraw as your attorney.
If you believe your attorney’s bill contains mistakes or unauthorized charges, contact the attorney immediately and try to resolve the problem.
Can My Spouse Pay For Our Divorce?
If you cannot afford to hire a lawyer, you may request that your spouse be ordered to pay for a lawyer to represent you in your divorce. This is usually referred to as interim attorney’s fees. But, the judge may or may not grant your request for interim attorney’s fees.
A judge is more likely to approve your request for interim attorney’s fees if:
- Your spouse is financially more well off than you; and
- Your spouse has a lawyer, and the issues in your divorce are challenging. You can ask for interim attorney’s fees as part of a Motion for Temporary Orders.
It is recommended to consult with your lawyer in your county about local practice regarding interim attorney’s fees.
According to the New York Bar, a court can direct either spouse to pay attorney’s fees, and expenses for expert fees to enable the other spouse to maintain and defend the divorce action. The court, in granting such fees must consider the circumstances of the case and the spouses to make sure each spouse is properly represented. In determining whether to grant attorney’s fees, a court will consider the following:
- Income and asset disparity between the spouses;
- Necessity and nature of the legal services rendered;
- Value or services rendered and reasonableness of the amount requested;
- Whether the case was pursued in good faith;
- The complexity of the case and results attained; and
- Whether either party’s actions delayed the case.
Moreover, a court can assign an award for attorney’s fees a spouse had to pay to enforce any order issued by the court in a divorce action, including maintenance, child support, visitation, distributions of property, etc. If the court deems the other spouse purposefully failed to obey any of these orders, it will automatically award attorney’s fees to the party trying to enforce the order.
If a spouse neglects to obey a fee order, the other spouse may seek enforcement in several ways:
- The spouse can seek an order of “sequestration.” When a court sequesters the personal and real property of a spouse, the title to that property is placed in receivership and any rents or profits from the property will be applied to the fee award;
- The spouse can request a judgment for the amount owed. This judgment is enforceable in any manner allowed by New York law, including wage garnishment, which is not limited to the 10% wage garnishment for civil judgments; and
- If the award is not otherwise enforceable as described above, the spouse entitled to the fee payments can seek to hold the defaulting party in contempt of court, which could result in the defaulting spouse being sent to prison.
When Do I Need to Contact a Lawyer?
If you are having issues with divorce attorney fees, do not hesitate to reach out to a local divorce attorney to further assist you. Your attorney can provide you with legal advice, guidance, and representation for your divorce case. Also, your lawyer can keep you updated if there are changes to the law that might affect your legal rights.
