"How Are Attorney’s Fees Calculated?"

Question #1:
"What are you going to do for me?"

Based on the information that you have disclosed to the lawyer, the Fee Agreement should clearly state what the lawyer is going to do for you. For example, if you are going to Family Court for a divorce, and you and your spouse have children and property, the Fee Agreement may state that your lawyer is going to "represent you before the Family Court in regards to Divorce, Child Custody, Child Support, Alimony, Property Division and all related issues."

Question #2:
"How much is the retainer?"

The Fee Agreement should clearly state the total retainer fee. The "retainer" is a "down payment" on your bill. The retainer is the amount of money that the attorney needs to begin working on your case.

Question #3:
"What is your hourly rate?"

The Fee Agreement should clearly state the hourly rate of the attorney handling your case as well as the hourly rate of paralegals or other staff in the lawyer’s office.

Question #4:
"What happens when the retainer is used up?"

If this question is not clearly answered in the Fee Agreement itself, be sure to get clarification (in writing) before signing any contract. Some law offices will send a monthly bill when more money is needed. Some law offices will ask for another retainer. The contract should clearly state how this will be handled.

Question #5:
"How much do I pay for expenses?"

Expenses are typically called "costs" in Fee Agreements. Your lawyer has to pay certain expenses to get your case going. The courthouse will charge a filing fee to begin your case. A process server will have to be paid to serve the papers. The Fee Agreement should clearly state how these expenses are billed. Most law offices will also charge you for copy costs, postage, and travel expenses of the attorney. Be sure that the contract you sign clearly states how much you will pay for these expenses.

Question #6:
"Will you do any extra paperwork after the case is over?"

Many Family Court cases involve the division of retirement accounts. This paper work (called a "Qualified Domestic Relations Order" or a "QDRO") usually needs to be completed after the final Divorce Order is signed by the judge. A well-drafted Fee Agreement will address this subject and let you know how much you can expect to be charged for the lawyer to complete this necessary "extra paperwork."

Question #7:
"What happens if I cannot pay my bill?"

The Fee Agreement should clearly set forth any late fees or other consequences if your bill is not paid. There is no legal right to a free attorney in a divorce case. Your lawyer can fire you if your bill is not paid. An attorney can ask the judge to be "let out of the case." This is called a "Motion to Be Relieved." A lawyer has a legal right to file a Motion to Be Relieved, even if this is not mentioned in the Fee Agreement.

Question #8:
"Who is in charge of strategy?"

Decisions regarding strategy are generally within the authority of the attorney; however, a well-drafted Fee Agreement should clearly state that your lawyer will consult with you and seek your input. Matters of strategy include: depositions, discovery, initiation of the settlement process, the timing of litigation, etc. Many lawyers take the position that professional courtesies (such as continuances) are solely within their authority. Such a position is not "right" or "wrong." However, "who is in charge of strategy" should be clearly set forth in the Fee Agreement.

Question #9:
"When does your representation of me end?"
 
The Fee Agreement should clearly state when legal representation ends. It is typical for a lawyer to represent you through the end of trial or the end of the settlement process (when a final order is issued by the court). The Fee Agreement should let you know what will happen if additional legal services should be necessary after the judge signs a Final Order in your case. Many cases are not over after the judge signs the order. Examples of "post-final-order" legal services include, an Appeal by either you (or the other party), or a Motion to Modify the order. Usually, a new Fee Agreement needs to be signed by both the lawyer and the client before the lawyer will begin working on an Appeal or other "post-final-order" matter.

Question 10:
"Do I have the right to get another lawyer?"
 
Remember, your lawyer works for you. Even if the contract does not give you the specific right to "fire" your lawyer, you already have this right under South Carolina law.


"Can I get an "up front" price for my case?"

Every attorney will answer this question differently. If you want an "up front" price (sometimes called a "flat fee"), you will have to ask. Some law offices will quote an "up front" price for an uncontested case. If you are quoted a "flat fee" or a "fixed fee" for a case, be sure to ask if it is really a fixed fee that will not change. Ask if the fee will include all consultations between you and the lawyer. Will it include phone calls, meetings, e-mail, and any other contacts between the lawyer and "the other side"? Does the "flat fee" include all of the fees often itemized by other firms, including postage, fax and photocopy charges? Again, read the contract, re-read the contract, take it home and read it again the next day.


How much will my case cost me?

EVERY CASE IS DIFFERENT. If you and your spouse have agreed upon how to divide the marital assets, and there is nothing else to fight over (no kids, no alimony, etc.), your total cost will be thousands of dollars less than a contested case that has to go to trial. Most attorneys will still charge by the hour to draft a settlement agreement, but, again, you will be paying for hours of attorney time, not days.

Most law offices will also charge you for court costs, process server costs, and other "outside costs" that are not generated by the lawyer’s office. Costs (outside expenses) should be explained to you in detail at your initial consultation. Your lawyer should not incur an "outside cost" without your knowledge and approval.

If you have a contested case, especially involving children, the cost of your case can be very expensive. No lawyer can predict what "the other side" is going to do in a contested custody battle. Before you think that you cannot afford to fight for your children, you need to know that even the most difficult case may not cost as much as you may think. The most expensive Family Court Cases are the cases that proceed all the way to a final trial. However the overwhelming majority of all Family Court Cases eventually settle! If your case settles, it will not be as expensive as a full-blown, contested case. Many counties in South Carolina require that both parties submit their case to mediation before going to trial. Mediation is a process whereby you and your spouse attempt to reach a voluntary settlement. If mediation is successful, you can save thousands of dollars.

Ask the lawyer to "go over the entire Fee Agreement" with you at the initial consultation. At the end of the consultation you should be under no obligation to use any lawyer’s services. You may (and should) seek a second opinion before you hire a lawyer. Ask for a copy of the Fee Agreement. Take it home, read it over, and "sleep on it." A lawyer should not make you feel like you are at a "car dealership" or a "vacation time share presentation."

Hiring a lawyer to handle your Family Court case is a serious matter that will impact your life for possibly years to come.

Unless your situation is a genuine "emergency" it is okay to wait until tomorrow to make a decision.


"What if my case is a full-blown battle?"

REMEMBER, EVERY CASE IS DIFFERENT. If you and your spouse have a divorce case where things are contested (such as custody of children, alimony, division of real estate and other property), your case could cost you a lot of money. However, most cases, even cases where children are involved, eventually settle!

If your case looks like it will be a "full-blown battle," it is important to remember that the vast majority of all Family Court cases eventually settle! There are typically three phases of a contested Family Court case:

When a lawsuit is filed with the court, sometimes the lawyers are able to reach an agreement with the other side before the matter actually goes to trial. If this happens, any portion of your retainer fee that has not been earned by the attorney should be returned to you at the conclusion of your case. Carefully review your attorney’s bill. Ask for a bill if you have not received one.

Phase #1:
"Initial Proceedings."

Most attorneys will require that the retainer fee be paid "up front," before any work is performed on your case. The "Initial Proceedings" phase of almost any Family Court case includes: filing the law suit, serving papers on your spouse, preparing for a Temporary Hearing, going to court for a "Temporary Hearing," and obtaining a "Temporary Order" (which establishes certain rights, such as custody, visitation, possession of the marital home, etc.). The lawyer has to pay a filing fee at the courthouse ($175.00), and a process server has to be paid to serve the papers ($50.00 or more).

Let your lawyer know if your spouse is willing to come to your lawyer’s office to pick up the papers. This will save you some money. Many cases can settle at this point. Don’t be stubborn about little things that don’t really matter. If your case settles, at this point you will save THOUSANDS OF DOLLARS!.

Phase #2:
"Contested Litigation."

This phase of your contested case generally begins 2 to 3 months after you hire your lawyer. If your case remains contested and is unlikely to settle, then this is the time that your retainer is most likely to "run out." Contested cases can get to be very expensive. Your lawyer cannot "make’ your spouse come to the settlement table. Unfortunately, this is the stage of many family court cases where one spouse tries to wage a "war of attrition" against the other spouse.

It is very important that your lawyer accurately keep track of the "lawyer-time" and "paralegal-time" and the "costs" on your bill. If the judge decides that your spouse dragged things out to try to harm you financially, then the judge may decide that your spouse should have to pay part or all of your bill. Some of the more expensive costs are also incurred during this stage of your case. Some typical costs that may be incurred during this phase include: real estate appraisals ($350.00 and up), depositions ($300.00 and up), psychological examinations ($4,000.00 and up), and the fees of other experts.

Phase #3:
"Trial."

If your case is "contested," and it is a "full blown battle," and it does not settle, then you will generally "go to trial" 12 to 24 months (or more) after the filing of the law suit. Very, very few divorce cases proceed to a contested trial. Those cases that do go to trial are the most expensive. This phase of your case is typically the most expensive phase of a contested Family Court case. Your lawyer should not be "eager" to go to trial. You can protect yourself by making sure that every reasonable attempt has been made to try to settle your case. Many attorneys charge a separate "trial retainer" based on the anticipated length of the trial. If you can settle your case, even on the "courthouse steps," before the actual trial begins, you will still save THOUSANDS OF DOLLARS.


"Carefully read the Fee Agreement!"

Before you hire any attorney, carefully read the entire Fee Agreement. Ask if you can take the Fee Agreement home and read it (without the lawyer looking over your shoulder). Ask if you can "sleep on it," and decide in a day or two. There are situations where immediate action is required, but most of the time it does not hurt to wait a day or two. If you think that your case is not going to be contested, ask if your lawyer can quote you a flat fee.


"What if I can’t afford a Lawyer?"

Abraham Lincoln said that "time and advice are a lawyer’s stock in trade." Attorneys charge different rates according to many different factors, including how long they have been practicing law. If you think that you cannot afford the fee quoted to you by one lawyer, you have the right to talk to another lawyer. However, be sure you understand everything that you will have to pay for. When you call a lawyer’s office for an initial consultation, be sure you know (up front) the cost.

Going to Court is a very stressful event, both emotionally and financially. Many people need to ask family for financial assistance. It is very dangerous to go to court without an attorney. If the Family Court Judge rules against you (even at a Temporary Hearing), it may take years to undo the damage.

An experienced Family Law Lawyer can put his or her experience to work for you.

The question to ask is not,
"How can I afford a lawyer?"

The question to ask is,
"How can I afford not to have a lawyer?"

I hope that this webpage has been helpful.