Controlling the Cost of Attorney Fees in Divorce. Alternative Billing Methods

Written By: Gadtke & Beyer, LLC | Published On: 10th August 2010 | Category: Divorce Process | RSS Feed

Most of the people I meet genuinely dread the prospect of paying for a divorce lawyer.  Aside from the emotional and psychological pain of a divorce, the cost can seem overwhelming.  People frequently hear about celebrities spending tens of thousands of dollars on their divorce.  And everyone seems to know someone who is divorced and who continues to complain about how much they paid their lawyer.  As a result, more and more people are choosing to “go it alone” instead of hiring a divorce attorney.

Yet, despite this temptation to save money, everyone I meet recognizes the value of professional legal advice – none of them would seriously consider representing themselves in any other case where they could lose their home or their children.  But, somehow, the unpredictable nature of attorney fees in divorce makes the prospect of “going it alone” seem reasonable.

It doesn’t have to be this way.  You don’t have to choose between unlimited attorney fees and representing yourself in court.  There are ways to control the cost of your divorce while also receiving high quality legal advice.

Ask your attorney to divide your case into small, discrete stages and to charge you a fixed fee for each stage of your case.  Agree to pay the fee in advance so that there is no confusion about how much you owe.  Then, at the end of each stage, ask your lawyer to give you a new bid for the next stage of your case.  If the bid is reasonable, accept it.  If not, consider hiring a new attorney.  There should be no hidden fees.

In my experience, most attorneys do not routinely handle cases this way.  They prefer to bill by the hour.  Some will provide limited scope representation for limited fees.  But, what I am suggesting is full representation at defined costs.

Why shouldn’t your lawyer operate this way?  Most other service providers do.  Is it really that much more difficult for a lawyer to estimate his or her time then it is for a painter to estimate the cost of painting your house?

If you’re interested in learning more about this type of arrangement, and if your current attorney is unwilling to discuss it, an attorney in my office would be happy to speak to you.

by Robert W. Gadtke

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