The Ins and Outs of Retainer Fees in Family Law
Retainer fees are something most people are not familiar with when hiring a family law attorney. Not only do you as the client need to be familiar with how and why these fees are assessed but attorneys are required to provide you knowledge and details about the fees they charge up front. This is part of their professional responsibility to you as a client.
Essentially, the retainer fee is a down payment, of sorts, for the estimated amount of work which is expected in the handling of your case. For example, I charge a $2,500.00 retainer to begin the process of a divorce case where there are reasonably, expected to be more than two court appearances. That amount can change depending on the circumstances of the case. If I feel that it will take relatively little time to handle your divorce then the retainer fee might be less. If I feel it might take substantially more time , I may require a larger retainer fee.
But regardless of circumstances, no matter what type of case you have or how much work you need from your lawyer, he or she must present you an itemized accounting of your retainer. In other words, they must demonstrate clearly and intelligently the exact type of work that they will be doing on your case for you and charging you for. They should absolutely be able to provide you with a general idea of what the time and cost involved with a particular motion, specific amount of research, or general representation may be. Anything else can prove to be very costly to you and your case.
Benefits of Hiring a Family Law Attorney with Low Retainer Fees
Some family law attorneys charge a reasonable fee as a retainer while others charge exorbitant fees; and it’s important to understand why this can be the case. Some law firms have the goal perhaps to get the biggest settlement for their client – rather like being paid on commission. So, if it takes a number of hours to secure that result then it’s in their interest to drag the case out so they can make more money on that matter. Lawyers with high retainers don’t always have the same end goal as their clients, and that’s why it’s sometimes harder to find lawyers with low retainer fees.
If you find yourself in a family law dispute, you should definitely look for a lawyer who charges a low retainer fee. If possible, it’s good to have a very loose timeframe idea as to how much work will be involved in your case. Your lawyer should be able to give you a good guesstimate, and you can always increase or decrease your retainer after being billed if the estimate was way off or you want to move in a different direction. Then you can monitor your usage as you go along, and again up or reduce your retainer as needed.
A family law attorney with a low retainer fee will be especially helpful for someone who wants to resolve the situation in a timely and economical manner.
How to Locate an Attorney with Low Retainer Fees
Because retainer fees can vary significantly from firm to firm, it is important that you know what options are available to help lower your costs. Some options to consider are the following: Spend time researching online. A variety of online resources list family lawyers across the country and explicitly state their retainer fees. Sites such as FindLaw.com and SuperLawyers.com offer an entire directory of family law attorneys and include such information as experience and focus areas, which is very helpful when searching for a lawyer. By spending some time online and thoroughly vetting your trusted resources, you can be connected with qualified attorneys in your area who may also offer discount retainer fees. Ask around. Sometimes referral is the best way to find a quality attorney at an affordable price. Ask anyone in your personal or professional network if they have had experience with particular law firms and whether they would recommend a firm to find an attorney offering a reasonable retainer fee. Attend a consultation. Many attorneys offer free consultations, which give you an opportunity to ask questions and get to know your potential new attorney. When notified of their retainer fee upfront, you can better negotiate further about discounts and payment plans that can benefit both you and your attorney.
Potential Risks Involved in Retaining an Attorney with Low Retainer Fees
While it may be tempting to choose an attorney with a low retainer, there are certain risks and considerations that one must take into account when selecting an attorney based on this factor alone. For example, an attorney who charges a low retainer may not have the same level of experience or expertise as an attorney who charges a higher retainer. Choosing an inexperienced attorney can be a costly mistake, as they may not be familiar with the intricacies of family law or the potential pitfalls that can arise during the divorce process.
In addition, an attorney with a low retainer may have a large case load, which can affect the level of service that they are able to provide. An attorney who is overworked may not have the time or resources to devote to each of their clients, which can be a significant disadvantage during a divorce or custody case. When a lawyer is managing many client files at once, it can be difficult for them to give each case the attention and focus that it requires . This can lead to delays in getting answers to your questions, or slower progress in your case. Furthermore, an attorney with a large case load may not be able to give their clients the level of personalized service that they need during a challenging and emotional time.
When selecting an attorney, it’s also important to consider the overall service that they provide, including communication and availability. Hiring an attorney who only works part time may not be the best choice, as you may not be able to reach them as quickly as you would like, or they may not be able to give your case the time and attention that is needed.
All in all, it’s important to be very careful when selecting an attorney based on retainer fees alone, as the lowest price does not always mean the best value. It’s important to consider all factors, including experience, case load and level of service, when choosing an attorney.
Questions to Consider When Hiring a Family Law Lawyer
When asking yourself "can I afford a family law attorney", or "why is my family law retainer fee so high", there are some honest questions that you should be asking your potential attorney when it comes to fees. These questions can help you determine if the attorney you are interviewing is the right fit for you.
- How much money do you require at the outset of representation to get started?
- How do you bill for your time?
- Questions to ask your attorney about fees:
a. hourly rate
b. flat fee
c. contingency fee
d. work product
- Will I be charged for leaving a message or sending an email?
- How much money will I be charged if my trial runs over?
- What is your policy on retaining additional money?
- Will you take an installment payment at the outset of the case?
- If my case progresses to trial, will I be able to pay my retainer in installments?
- How often will we meet to discuss billing updates?
Alternatives to Low Retainer Fee Lawyers
Family law clients who cannot afford attorney retainer fees should learn about alternatives to hiring a family lawyer.
**Legal Aid Society:**
If your income qualifies, the Legal Aid Society may be able to assist you. This nonprofit has offices all across the country, and you can use their website to locate a branch near you. Be aware that these organizations are typically understaffed and underfunded, so you should reach out to them as soon as possible.
**Pro Bono Service:**
A pro bono lawsuit is a case handled by an attorney for free . Pro bono often means that the lawyer considers the cause important enough that he or she will go without a retainer to help you. Your local or state bar association can help you locate a pro bono lawyer who practices your type of law.
**Payment Plans or Sliding Scales:**
Some companies do offer payment plans that allow clients to pay over time, although you may have to pay interest, and the rate may be higher than if you borrowed the money yourself. Sometimes a lawyer will agree to lower fees in exchange for work trade or barter, such as a monthly service that he or she wants to use, or something like an antique or boat that he or she wants.