Ask Me Help Desk - How much should it cost to file for a divorce with a lawyer

How much should it cost to file for a divorce with a lawyer

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.

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

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?

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.

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.

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?

Thanks for your help. He was served... actually I think he received 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 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 incompetent. There is a hearing for her to withdraw early August, should I be at the hearing?

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Originally Posted by MGR

.....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?

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.

Quote:

Originally Posted by 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.

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.

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.

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

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Originally Posted by MGR

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

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.

Quote:

Originally Posted by 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.

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.

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.

Quote:

Originally Posted by 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.

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 what's 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 isn't just as simple as calling and making an appointment.

Quote:

Originally Posted by 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.

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.

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