How much should it really cost to file for divorce with a lawyer. My lawyer ate up my entire retainer plus an additional bill for $400, just to file for the case...it's only 4 pieces of paper...she then failed to know of a hearing (because she moved and did not get the notice) so my case was dismissed (luckily without predjudice)....................I asked her to withdraw as counsel, but I don't think it should cost that much for just the filing and thought I should ask.

MGR

Why would she get paid for reviewing the law, shouldn't she know the law? Is that really a billable expense?

JudyKayTee

In order to determine how the law - or some facet of the law - applies to your case. And, yes, it is a billable expense -

I don't know how complicated your divorce is and I, of course, don't know if this was an expense until you get the bill.

I was just suggesting that it's one of the items you could very well be being billed for.

JudyKayTee

I'm not arguing with you. You asked a question - how much should it cost to file for a divorce with a Lawyer - and I attempted to answer it knowing the bare minimum details. I am not defending your Attorney. I am simply telling you what COULD be going on here, what COULD be involved.

If all she filed was 4 pieces of paper, no motions, if she didn't prepare Affidavits and/or a Summons, it seems high - but I don't know that without seeing the bill and I don't know what those "4 pieces of paper" were.

In my area the retainer is $2,500 - and it has been for some time. And you get a monthly statement AND a statement when the retainer is gone and you are on an hourly basis.

The Court in my area doesn't just schedule a hearing - it obtains documents, checks on availability of counsel, schedules a hearing. Attorney time is definitely involved. Papers have to be taken to Court and filed. But, again, without seeing the bill -

I find it difficult to believe that she moved without notify the Courts - but apparently she did. I have no idea why her mail wasn't forwarded to her. Or if her statement that she wasn't notified is even true. I can only assume that her address is incorrect on the legal papers she has filed - or that the Court Clerk pulled out an old directory and didn't use the address on the papers?

All a lot of "what happened here?"

The bottom line is - you have lost faith in her; you think she is ripping you off financially and is irresponsible. I have no idea what her feelings about you are but obviously you cannot work with - or trust - her so it's time to find other counsel.

And as I said - I don't see you've been harmed but if her neglect or negligence of whatever you want to call it has substantially harmed you, report her to the Bar Association. That's your only alternative.


Once either one of you begins second guessing it's time to move on.

stinawords

In my area too the lawyers have a retainer of $2,000 - $2,500 but it can go up from there I haven't seen many go down though.

califdadof3

Actually in most cases the lawyers DO schedule the date for the hearing but its up to the courts when the hearing takes place on that day. All the courts do is have a " calander " and see whats forthcoming on that day. They also ask that lawyers request hearings of length to be done with notice. Most hearings are very short ( 15 or 20 minutes ) but if you need an hour then they have to slot you for it. So if she said that to you then its actually correct. Also to set hearing dates she must contact the other lawyer to see if that date or what dates are clear. So it isnt just as simple as calling and making an appointment.

JudyKayTee

Plus all that running back and forth to the Courthouse and endless waiting, even to file papers - and if the Attorney didn't do it herself she had to pay someone else to go/wait.

MGR

Thank you everyone for all of your help, you have been really helpful.