When it comes to determining the total cost of a family lawyer in Massachusetts, there is no straightforward answer. This is because the answer can vary depending on a variety of different factors, such as the complexity of the case, the lawyer’s experience, and the location of the firm, to name a few.
In order to understand the cost of a family lawyer, you must first understand what a family lawyer is. Generally speaking, the term family lawyer refers to a lawyer who handles family law matters.
Family law matters include legal issues that impact a familial relationship, such as divorce, child custody, child support, adoption, and other legal matters that are related to the family. Massachusetts family law statutes can be found in the Massachusetts General Laws (“MGL”). Specifically, Chapter 208 deals with legal matters related to care, custody, and maintenance of children, and Chapter 209B contains the Uniform Child Custody Jurisdiction Act.
The aforementioned statutes cover a wide range of family law matters, including the Massachusetts divorce process, child custody, child support, adoption, and guardianship. The Massachusetts General Laws may be accessed online through the official website of the Massachusetts Legislature at malegislature.gov.
That site provides an unofficial version of the General Laws, which is periodically updated to reflect any changes made to the laws. As such, it is important to keep up with the changes in family laws and statutes concerning family law matters, such as the child support calculation table. A family law attorney will keep themselves updated with such changes.
Oftentimes, family law issues can be complicated matters. However, this does not mean family law matters, such as divorce, have to always be complicated and expensive. In fact, there are many different methods of avoiding costs and common pitfalls associated with family law cases. This article explores costs associated with family law issues in Massachusetts, including ways in which you can avoid certain costs and expenses.
What Factors Are Used in Calculating Family Lawyer Fees?
There are numerous different factors that may impact the total cost of a family lawyer in Massachusetts. Factors that may impact the total amount of attorney’s fees in a family law case include:
- Time and Labor Required: The amount of time and effort needed to handle the case is always the biggest factor in lawyer’s fees. As such, it is important to understand an attorney’s hourly fees, as well as their supportive staff’s fees, prior to entering into any hourly fee agreement
- Complexity of the Case: The novelty and difficulty of the legal issues involved will also impact the cost, as more complex issues may require more time and effort to resolve favorably for an attorney’s client
- Attorney’s Experience and Reputation: More experienced attorneys with a strong reputation or certifications may charge higher fees
- Customary Fees in the Locality: The typical fees charged by other attorneys in the same area for similar services will often be a great tell when it comes to predicting an attorney’s fees
- In locations with a higher cost of living, attorneys will often charge higher fees
- Results Obtained: The outcome of the case and the benefits achieved for the client sometimes come into play when determining the total amount of fees
- Time Limitations: Any deadlines or time constraints imposed by the client or the circumstances of the case may impact the fees, as the attorney may charge more to put the case at the top of their list and spend time on that case instead of their existing case load
- Nature of the Professional Relationship: The length and nature of the relationship between the attorney and the client will impact fees, with return clients often receiving more favorable fees
- Fee Structure: Finally, the structure of the fees, such as whether the fee is fixed, hourly, or contingent on the outcome of the case will impact the total cost of an attorney
- Other Costs: Other costs associated with handling a custody case on a day-to-day basis, such as mailing costs, filing fees, printing costs, and other various court fees
What Is the Average Retainer Fee for a Family Lawyer?
A retainer fee refers to an upfront payment that is made to secure the lawyer’s services and have them take on the case. The fee is usually a deposit that is applied towards the total cost of legal representation as the case progresses. In other words, the attorney generally bills against the retainer as they work on the case.
The retainer fee is placed in an escrow account, and the lawyer bills against this retainer as they work on the case. The purpose of a retainer fee is to help ensure that the attorney is compensated for their initial time and effort, and it also demonstrates the client’s commitment to the case.
Once again, attorney fees, including retainer fees, are hard to predict because each family law case is unique. However, in general, the average retainer fee for a family lawyer in Massachusetts typically falls between $3,000 and $5,000.
This retainer fee can vary up or down depending on the complexity of the case, the specific services required for the case, and the factors listed above. For example, in contested family law cases, retainers can start at around $5,000 and be well over $10,000 in some cases.
What Does a Family Law Attorney Do?
As mentioned above, family law attorneys handle a wide range of issues that concern familial relationships. In general, when it comes to what you can expect from a family law attorney, you should expect the attorney to handle all of the major aspects of your case.
In other words, a family law attorney will be able to assist you throughout every phase of your lawsuit, including:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to understand your specific legal issues and attempt to resolve your case without the necessity of filing a lawsuit
- Importantly, if the attorney is unable to resolve your case without a lawsuit, the attorney will then assist you in drafting the necessary lawsuit, properly serving your lawsuit on the other party, and pursue that lawsuit
- Pre-trial Phase: During the pre-trial phase, your attorney will mainly assist you with conducting discovery, which is the formal process by which one party will serve requests upon the other party or parties involved in the lawsuit as a means of gathering information to support their civil claims
- An attorney will also be able to represent you at any in-person proceedings prior to a final trial, such as handling pre-trial motions or temporary hearings
- For example, an attorney may represent you during a temporary custody hearing or assist you with obtaining temporary child support
- Trial Phase: During the trial phase, your lawyer will be able to represent you in court in front of the judge or jury by arguing your claims, questioning witnesses, and formally introducing evidence gathered in the previous stages of the lawsuit
- Post-trial Phase: After your case has been concluded, an attorney may still be involved in the case by ensuring that the order entered into by the court is being followed or ensuring that your order remains in effect
- For example, an attorney may often be kept on a retainer in order to renew a guardianship or to enforce a child support or custody order
All in all, the main thing that you should expect from a local attorney in Massachusetts is that they will keep you well informed about your case. This means that you should always expect your attorney to inform you of all of your settlement options and possible case resolutions. Attorneys are obligated to keep you well informed of costs and your case.
What Services Do Family Law Attorneys Provide?
Once again, family law attorneys in Massachusetts provide assistance with a wide range of legal issues that affect families, including:
- Marriage and Divorce: Attorneys can assist with the legal processes for getting married, obtaining a divorce, and other related matters such as annulment and separation
- Child Custody and Visitation: Attorneys can assist with determining who will have legal and physical custody of the children and establishing visitation schedules
- Child Support: Attorneys can also assist with calculating and enforcing financial support for children from both parents
- Alimony: Attorneys also may be used to assist with determining whether or not spousal support payments are necessary during and after a divorce
- Adoption: Attorneys can also assist with the legal processes for adopting a child and the rights and responsibilities of adoptive parents
- Parental Rights: Attorneys also provide services related to parental rights and responsibilities, including cases of parental relocation and visitation rights
- Domestic Violence: Attorneys also provide services related to obtaining legal protections and remedies for victims of domestic violence, including restraining orders and custody considerations
- Paternity: Attorneys can also assist with establishing legal paternity and handling child support obligations
As can be seen, family law attorneys are available to provide numerous different services under the umbrella of family law. In most cases, family law attorneys will have a general understanding of all of the above subjects associated with family law. This is because oftentimes, many of the above issues will overlap.
However, some attorneys who practice family law choose to devote their attention even further in one subject. For example, some attorneys may focus on adoptions, while others may solely focus on divorce and other related issues. Attorneys may even further specialize by obtaining bar certifications.
Are There Any Advantages of Hiring a Family Lawyer?
Yes, there are many advantages to hiring a family lawyer in Massachusetts. First and foremost, a family lawyer will have knowledge of Massachusetts’s specific laws and procedures related to family issues.
As such, they will also be able to provide you with impartial and sound legal advice, which is crucial during emotionally charged situations. A lawyer will also be able to navigate the legal system efficiently, which will save you time and reduce stress.
An attorney will also ensure all legal documents are correctly prepared and filed, which will help you to avoid costly mistakes. Family lawyers can also negotiate settlements effectively, potentially avoiding lengthy court battles. Finally, hiring a family lawyer ensures that your rights are protected and increases the likelihood of you obtaining a favorable case outcome.
Do I Need an Attorney for Help With Family Law Issues?
If you are involved in a case that involves family law issues, then it is recommended that you immediately consult with an experienced Massachusetts family lawyer. As can be seen, there are numerous issues that may arise in a family law case that require a thorough understanding of local and state civil laws and procedures.
LegalMatch can assist you in locating and setting up an attorney consultation with an experienced attorney in your area. It is important to note that family law cases involving children can greatly impact your finances for up to or more than 18 years.
As such, a lawyer will almost always be worth their fees in the long term in cases that involve a child. They can help ensure that your parental rights are protected throughout the custody proceedings. Further, a lawyer can also provide you with the best course of legal action. Finally, an attorney will also be able to represent you in court, as needed.
