How will my lawyer be paid?
Unless your income is such that you qualify for free or reduced rate
legal assistance through a legal services agency, you can expect
that your lawyer will be paid in one of two ways:
   • Flat rate or fixed fee agreements — if your case seems relatively
     simple from the outset, some attorneys will set a flat rate for your
     divorce based on the circumstances as you describe them and
     their expectation of the amount of work that will be involved. This
     type of fee agreement is traditionally uncommon.
   • Hourly fee agreements — most attorneys use this type of fee
     agreement, whereby the client pays for the attorney’s time spent
     on the case. Generally, the client pays an initial retainer fee, which
     is set by the attorney according to several factors, including her
     understanding of the complexity of the case, her experience and
     reputation, and her best estimate of the amount of time she will
     spend on the case. This retainer fee may be non-refundable.
     Be sure to read the attorney’s fee agreement carefully for this
     language. The attorney bills against the initial retainer fee at a
     particular hourly rate, which is usually based on the attorney’s
     experience and reputation, as well as local standards of practice.
     If this hourly billing depletes the initial retainer fee, then the
     attorney may ask for another deposit against future fees.
     Alternatively, the attorney may ask that charges incurred for work
     performed be paid monthly, or if the client is unable to pay further
     fees until the property issues in the divorce are resolved, the
     attorney may secure payment of her fees by obtaining a lien
     on real property.

Contingency fees, where an attorney takes a percentage of whatever
sum you are awarded, are generally not allowed in family law cases
because it is considered unethical for the lawyer to have a stake in
the outcome of this type of case.

You should be sure to ask your attorney about the chance that your
spouse will be responsible for some or all of your attorney fees. This
happens when one spouse earns substantially more than the other,
when one spouse is uncooperative and prolongs litigation for invalid
reasons, and for other reasons provided for by local law.

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The information contained on this website is intended to be of a general
nature, and may not address the specific circumstances of a given divorce
case. For specific advice, please contact a local attorney or other appropriate
professional. The provision of information on this website is not intended to
violate any state or local law or regulation regarding the practice of law.