Factors That Affect Legal Fees
Your overall family court lawyer’s fees will depend on many factors, including the lawyer’s experience and your relationship with him or her, your geographical location, the complexity of your case, and even the nature of your matter as well. Every case is different, so your custody order, for example, will require different work, and therefore different costs, than a simple child support wage garnishment.
In general, the more the lawyer needs to research and draft, and the more frequent and lengthier the discussions that he or she has with you, the more expensive the process will be. On the other hand, a more straightforward and simple issue will often be less expensive to handle .
Many factors, including all those that have already been discussed, go into determining whether a case is relatively simple and inexpensive or complex and expensive. A case where all parties consent to the same thing, for example, might be very simple and inexpensive to handle. A contested case, however, might require expert testimony and many hearings, and can become very expensive very quickly.
Finally, geographic location can also play a role in how much it will ultimately cost to hire a family lawyer. Fees for lawyers vary significantly from city to city, state to state, and even from neighborhood to neighborhood. In addition, lawyers are often busier in some parts of the country than in others, which might play a role in the rates they charge.
Typical Rates for Family Court Attorneys
Typical Costs of Family Court Lawyers
The costs for hiring a family court lawyer can vary, but here are some typical numbers.
Hourly Fees
The average hourly rate for a family court lawyer can range from $100 to $250 per hour, although rates can go as high as $500 or more per hour for highly experienced attorneys in large cities. At the lower end of the scale, you may find less experienced lawyers or those at smaller firms who offer rates of closer to $50 to $100 per hour. In rural areas, experienced attorneys may offer rates as low as $150 per hour. These hourly fees typically cover the attorney’s time to review your case, draft and send letters, attend court dates, and conduct research if necessary.
Retainer Fees
Many family court lawyers require a retainer fee at the start of your case. A retainer fee is basically a minimum estimate of how much they believe the work on your case will cost. Most will charge $1,500 to $5,000 for this retainer fee, but it can be as low as several hundred dollars or as high as $25,000 or even more.
A retainer fee is basically a deposit on your legal work. When you pay a retainer fee, the lawyer places that money in a separate bank account, then deducts his or her fees as the work is performed. For example, an attorney may charge a minimum of $500 for an uncontested divorce, but may go over that minimum if there are tax issues or other complex matters. Your retainer fee may run out before the case ends, depending on the complexity of the issues involved.
Most attorneys will return any unused retainer fees to you after the divorce is finalized.
Costs in Urban vs. Rural Areas
Urban areas tend to have more competition in all professions, including law. As such, the typical rates charged by family court lawyers tends be less costly than in rural areas where there may be only one or two attorneys operating in an entire county.
Additionally, the type of community where the lawyer is located matters. Small towns are the least expensive locations to hire an attorney, with the lowest rates typically found in rural areas. In large cities, rates also remain relatively low because of the competition. Suburban and semi-rural areas generally have higher rates than rural areas but are lower than those in big cities.
Methods of Billing
Family lawyers may use different billing methods, including hourly billing, fixed fees, and contingency fees.
A. Hourly Billing
Most clients are familiar with the most common form of billing – that is, the hourly rate model. Some clients are apprehensive about being billed an hourly rate, unsure of what the costs will be and whether they can afford them. However, for some clients, this is the most cost-effective way to pay for legal services. Some clients find that hourly billing provides an incentive for lawyers to work diligently and expeditiously, thereby reducing the time spent. Clients may find hourly billing to be fairer in that they are charged only for the work that the lawyer does. Or, they might like the flexibility allowing for an indefinite number of disputes, and the ability to have the lawyer’s service at any time.
B. Fixed Fees
Some family lawyers charge a flat or fixed fee for specific family law matters, such as: The advantage for the client is knowing exactly what the cost will be. However, if there are uncertainties in the matter, such as an uncooperative party or extensive discovery, the matter could take longer than anticipated and could require more money.
C. Contingency Fees
Although rare in family law matters, a contingency fee arrangement, in which the client does not pay the lawyer unless there is a recovery, is sometimes used in palimony cases.
Other Costs to Keep In Mind
Often times, as a Certified Family Law Specialist, clients will come in for an initial consultation and some may have read up on my background online, including a listing of typical costs for hiring services. Below is some additional information to consider that I have not listed out on my website or in other places online:
Once you file your initial documents with the Clerk of the Circuit Court, whether it is a petition, motion or other request for relief, there are generally fees associated with the filing of those documents. Private process servers are then hired through the court to serve an individual with the initial papers. In addition to filing and service fees, there are also fees for obtaining copies of documents that you wish to file with the court. Some of these fees run upwards of $100.00 each time you need a copy of a document.
Court reporters are also necessary in a family law proceeding, which is particularly the case when there is a contested hearing in the matter. The court reporter is required to certify that the court proceedings were properly captured for public record. There are generally fees paid to the court reporter for their time spent covering the transcript for a hearing. Additionally, the client is responsible for review fees; the transcripts must be reviewed and sent to the parties when the transcript is completed. Even if you are unable to read the transcript, you are still responsible for paying for this service.
When a person files a family action in the circuit court, the case may be assigned to a family court master, who is a private Judge that meets with the parties and comes up with recommendations that may or may not be accepted by a sitting Judge. Commissioned Family Court Masters are trained in mediation, facilitation, and collaborative law processes. Some fees are for the initial appointment with the master and some are modified based on the progress of the case. Sometimes payment arrangements can be worked out with the court, if allowed.
If the parties have children in common, mediation may be ordered prior to filing a complaint and having a totally contested hearing before a court master or Judge. The parties may hire a private mediator or use the local court system. There are certain fees associated with mediation that must be paid by the parties according to their income levels . Generally speaking, if you do not have any income and receive some form of public assistance, there are no fees to attend mediation and you would be responsible for whatever fees your spouse must pay. The mediation fees are prorated and paid directly to the court prior to proceeding with the mediation process.
A Custody Evaluator is another "hidden cost" to bring to your attention when filing a family law action in our local courts. If the parties do not agree to a parenting plan, a custody evaluation is often ordered by our local Judges. The parties will be required to pay for the materials necessary for the evaluator to complete their evaluation, such as the cost of school records, medical records, criminal background checks, and marriage certificates. In addition, the parties are responsible for paying the fee for the custody evaluator’s time and expertise. The local circuit court does provide a list of court-approved evaluators, which the parties can use to minimize the costs associated with this type of service; however, the party that decided to use that expert may be responsible for paying the full fee for the services of the expert if they refuse to work with the other individual’s suggestion.
In a contested case, a party may desire to obtain expert witnesses to develop opinions in the case. These experts may charge anywhere from $500.00 to $1,500.00 for their time spent reviewing records, office visits, drafting reports and appearing in court or at deposition. Whether it is a psychologist, psychiatrist, psychologist, accountant, or other expert witness, these costs can be extreme and should always be discussed ahead of trial.
Although the first two fees can be challenging to avoid, the rest are controllable and controllable by simply working with your lawyer to make sure the case moves as quickly as possible. Mediation can save a significant amount of money and some Judges can continue offering free services to clients in need. Commissioners of the Calvert County Circuit Court are typically unpaid volunteers that may offer financial assistance on the cases where both parties simply cannot afford to hire a private mediator to help them negotiate their issues. These free services may not last forever and certainly should be used early and often to save money on expert witnesses, court reporters, and other expenses.
Ways to Save Money
There are options for minimizing legal expenses in family court cases. One of these is to hire an attorney with lower billing rates. While this will often result in lower quality representation, this is not always the case. There are many excellent divorce attorneys who are new to the field and have not yet begun to charge the high hourly rates that some divorce lawyers demand. A lower billing rate does not necessarily equate with low-quality representation. However, if you are on a budget, you may get better quality representation on a limited budget by choosing the right lawyer rather than a more expensive practitioner with an excellent reputation.
Second, you can cut down on legal fees by being well prepared for each appointment and by communicating effectively with your attorney. This includes being ready for court, bringing required documents to each meeting, and arriving on time to meetings and court.
If you arrive at meetings late or unprepared, you can expect to pay extra money for the privilege. Similarly, waiting until the last minute to provide important financial documents will also increase the costs of representation. When your attorney has to rush to complete work, the lawyer’s fees will be higher. In this way, you can save money by helping your lawyer.
Finally, there are a number of ways to settle family law disputes with minimal expense. In many cases, the couple can agree about most issues, with only a few items ripe for litigation. Alternatively, the couple can consider alternative dispute resolution (ADR) methods like mediation or arbitration. Mediation typically results in lower costs than arbitration or litigation. Mediation puts the couple back in control of the outcome of their case and may save both parties significantly in legal costs.
Evaluating the ROI of Hiring a Lawyer
Understanding the nuances of what your family court lawyer costs is not an easy undertaking. This is especially the case when looking beyond just what your retainer gets you. What you need to think about is what the money, time and hassle of not having a lawyer is going to cost you.
The value of hiring a lawyer can best be measured in practical terms. Your lawyer may be able to improve the outcome of your matter. They are trained and experienced in presenting your case. They know how the law applies to your situation. Leaving your future in the hands of someone who may be unprepared for such outcomes can be an error that comes at a great cost to you. Even if the likelihood of a better result is small, it pays to have an expert working for you. A family court lawyer likely can improve the outcome of your matter.
Additionally, having a lawyer on your side can reduce your emotions. We all know that even simple family cases can be truly emotional . It may happen that your feelings about your matter, whether they be anger, fear, or worry, can be clouding your judgment. A good lawyer has a professional distance that makes dealing with difficult situations feel less personal. Their job is to advocate for your legal rights, and they can help you make decisions that are in your best interest, rather than based on raw emotions. While it may be good to be in touch with how you feel, this does not always equal an effective ability to make decisions. A lawyer can help you with the latter.
Finally, a lawyer can protect your legal rights. Family law in Ontario is complex. It’s likely that clean, complete representation will correct mistakes and omissions from agreements and/or involve additional considerations gleaned from past experience that family court litigants may not consider at all. A lawyer has knowledge of the law, which means you can avoid actions that may inadvertently endanger your legal rights.