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Family Law Advisor®
Frequently Asked Questions


- Legal Fees -


1) What do you consider reasonable?

Each case is different with fees ranging from several hundred dollars to over $100,000 in contested custody matters.

2) How do lawyers charge for their services?

Ethical lawyers charge an hourly rate. Be wary of lawyers who charge a "success fee" which many family law attorneys consider unethical.

3) I went to one lawyer who said that he would charge a percentage of the settlement. Isn’t this a good deal for someone without access to financial resources.

No. Contingency fees in divorce case have been outlawed in most (possibly all) states.

4) The lawyer I selected asked for me to pay a retainer. Is this appropriate?

Yes. Lawyers are entitled to get paid like everyone else.

5) She also said that her hourly rate of $150 per hour would be subtracted from the retainer. Is that reasonable.

Hourly rates vary greatly from area to area and from lawyer to lawyer. You have to ask other lawyers in your area with similar experience.

6) How do I know if the time charges are accurate?

There is no iron-clad way of knowing, 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 are January 30, make a record of the call and compare it with the invoice.

7) I trust this lawyer but lack funds for a retainer. What can I do?

If your spouse controls the family’s money, you may be entitled to ask the court for counsel fees pedente lite, mean the court may order your spouse to pay fees to your lawyer at the outset.


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