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.

califdadof3

How much was your out of pocket expense. Were children involved ?. Its ALOT more then just 4 pieces of paper.

George_1950

I think you should request a refund. Your retainer will depend upon the complexity of the case. Did your lawyer provide you with a written agreement/contract?

MGR

I talked to the clerk and he told me it was 4 papers...I have a child, but this was just for the filing I haven't even been to one hearing yet and I even provided her with the marriage certificate so she would not need to go look for it. I asked for a refund and she said it was not her fault that she was not aware of the hearing, but the courts because they didn't change her address as she left a message for them. I told her it was her responsibility to follow up to ensure the address was actually changed.

MGR

I did have a contract, I plan on reviewing everything thoroughly tonight. She charges $150 an hour and I gave $1720 as a retainer. I probably should not have chosen the cheapest lawyer I could find thinking it would save me money. She hasn't had any meetings with me except the initial meeting where I gave her all of my documents....we haven't discussed finances, we did not even file for temp orders.

George_1950

Read the contract, especially what it says about you staying in contact with her office; then, apply the same standard to her staying in contact with the court and you. Turn it on her since you didn't draft the agreement, it will be construed in your favor. Consider writing a letter to your state bar association; you might enclose a draft of the letter to her as an attachment to your demand for a refund. At the least, she should be willing to have the case reopened, then she can withdraw. Was your husband served? Was he present for a hearing? Did he file an answer? What was the purpose of the hearing?

MGR

Thanks for your help. He was served...actually I think he recieved notice of the hearing but asked me if it was for the divorce. Since I did not hear from my lawyer I said it could not have been for the divorce...he never went because he said he could not get off of work. He did not file an answer.....I filed to re-open the case myself and asked her to withdraw. I just got a copy in the mail yesterday of her motion...stating it was for financial reasons rather than she was incompetant. There is a hearing for her to withdraw early august, should I be at the hearing?

George_1950

Why not file a response to her motion and request a refund of your retainer? The court may not be able to give you that relief, but it makes for an interesting hearing. I believe you should make the judge aware of your displeasure with your attorney's representation.

JudyKayTee

You should receive - and if you have not you need to contact her and demand - a copy of her itemized statement for services.

She doesn't get paid only for drawing up legal papers - she gets paid for phone calls, document reviews, Court appearances (which she apparently missed), reviewing the law.

$150 an hour is unbelievably inexpensive in my area - incredibly inexpensive.

Before you report anyone anywhere - and keep in mind she has your file and once you start reporting people you're going to have difficulty finding a replacement Attorney and she can hold onto your file until she is paid unless you go to Court and get an order to turn it over to you - I would check the bill.

Just because she is a member of the Bar does not mean she should be reported for a disagreement over fees, particularly when you don't know if you've been overcharged.

Missed Court date - I would be very unhappy but I can't tell if this cost you anything or if you lost anything because of it. Not very smart on her part but I see no malpractice here.

MGR

I had one meeting with her for 30 minutes and sent her 2 emails. How many hours should it really take to file the paperwork..I will see about the bill....I just want to know if I should have been charged that much, that is all. The dismissal thing is very frustrating and time is really all that was lost...It's just annoying when she says she schedules the hearing when really the court does, it makes me feel like she doesn't know what she is talking about and poor follow through on the change of address which is irresponsible.