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Can anyone tell me if there is an average guideline for billable hours for a divorce case? Like how much each document should take or something along those lines?
My other Question is in regards to paying my lawyer. We have given her $5,000 up front and we have not gone to court or anything yet and she's burned through that and about $2,000 more which she wants us to pay right away. If we pay her $10 a month is there anything she can do as long as we are making payments. We feel she has grossly taken advantage of our youth and tried to rack up the hours with unnecissary phone calls and appointments.
I guess that's why it's so important to find the right lawyer. Mine is very expensive, but he does not have a minimum for billing hours in a month. So if he does nothing on my case that month, he does not charge anything. Also, if it is just a quick phone call with his assistant changing an address or a phone number on my file, there is no charge. I have a $5000 retainer with him and so far have used about $1300 of it because he is so reasonable.
Typically, if you're actively paying down a debt, you probably won't be sent to collections. But lawyers tend to not be shy about using collection agencies if you haven't made a payment arrangement. I would suggest talking to her and making a payment arrangement so that you don't risk getting a collection agency on your tail.
Check your written agreements with her and see what you're obligated to pay.
Can anyone tell me if there is an average guideline for billable hours for a divorce case? Like how much each document should take or something along those lines?
My other Question is in regards to paying my lawyer. We have given her $5,000 up front and we have not gone to court or anything yet and she's burned through that and about $2,000 more which she wants us to pay right away. If we pay her $10 a month is there anything she can do as long as we are making payments. We feel she has grossly taken advantage of our youth and tried to rack up the hours with unnecissary phone calls and appointments.
Thank you for your help.
No, there is no average because no two divorces are the same, there is no "routine" charge.
If you do not pay her in accordance with a mutual agreement (between you and your Attorney) she can and possibly will get a Judgment against you. There is an urban myth that as long as make monthly payments a credit can not move against you and it is just that - an untrue myth.
What is her hourly charge? That is more important than the total. When you receive the periodic statements concerning services rendered, how detailed is it and why do you think the appointments and phone calls are unnecessary?
In my area Attorneys are requesting a $7,500 retainer and are charging upwards of $250 an hour for matrimonial work, more for Court appearances, so it's hard to know if you are being overcharged. Also, the more complicated the divorce, the more issues, the more time it takes and the higher the bill.
If you feel this Attorney is not being honest with you and have lost faith in her then it would be in your best interest, pay her, get your file, move to another Attorney. Once you lose faith in your Attorney things seem to go downhill.
No kidding! My guy is great and he's $300/hr and normally asks for a $7500 retainer for a simple divorce.
I won't quote my rates but when people ask me what family law attorneys charge, in general, I tell them in my county (which is a Bay Area county) the hourly is between $250 and $400 and retainers from $2500-5000. I didn't even raise my rates when I became a CFLS (certified family law specialist) but maybe I should have. I'm usually just happy if I get my bills paid on time.
I've heard in SF the rates are up to $500/hr, which is why I'd love to pick up a case or two over there.
Well, for starters if you are still using her and refuse to pay then she can drop your case until your payments are caught up. Second, the whole ten dollars a month thing is also dependant upon if she accepts those payments. Even if it was $100 it would be dependant on her cashing those payments. This might also vary somewhat by state I am an accountant in IN so I know this works here but not 100% about other states. If you are no longer using that service and all you had is a big debt and you send a small check each month and they cash it by law it means that they accept those payment terms. So if they were to try to take you to court you just have your proof that they cashed your checks with you. However, if you sent them a small check each month and they do not cash it then obviously they don't accept those terms of payment and can use whatever means they find neccessary to recover the debt from you.
I had someone pull that $10 per month thing on me once. The collection agency bugged her for a while and finally she paid up. I accepted a little less than the full bill. She was a nice lady but just didn't have the money so I really didn't give her a hard time.
If you're nice to me I'm nice to you and will cut the bill a bit if I have to. I don't want a client's last dollar.
I've been thinking about going back to school and becoming a plumber (after I just hired a plumber and almost fainted from shock when I got the bill) but now I'm reconsidering.
What's the old joke? The plumber repairs the sink and hands the homeowner the bill. She says, "I can't believe this. I pay my Attorney less than this per hour," and he says, "I know, that's why I quit practicing law."
JudyKayTee said, "Would you go on line for information and then perform surgery on yourself? If not, don't go on line and prepare your own divorce papers."
The risks and obstacles are hardly in the same universe. Why would you say such a thing? An intelligent person given some reasonable guidelines and enough research can certainly help him or herself with a legal process. I have fired two attorneys who definitely made things worse for me than if I had studied up and handled the case myself. A lousy surgeon will be exposed way, way, way before a lousy attorney. Even after I complained to the bar about an attorney's direct violation (which will cost me thousands annually for the rest of my life) of the Rules of Conduct, with documented proof AND the attorney's admission, the Bar did NOTHING! NADA, NICHTS, NIETS, NOUGHT, ZILCH ZIP, ZERO.
You can tell what is in a man’s soul by the way he treats his clients.
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