Unlike Personal Injury attorneys and Criminal Law attorneys, Family Law attorneys just charge for their time. An attorney's time is his stock in trade -- like the items in the grocery store. Most Family Law attorneys charge a first consultation fee because they usually impart quite a bit of information to the client at that initial meeting.

At the time of the first consultation the attorney explains the divorce process and what the client can expect from the system. The attorney explains how child and spousal support are calculated -- and usually shows how the property might be divided to accomplish an equal division. Frequently the attorney answers questions about child custody and visitation. All this is valuable information.

The AMOUNT of the first consultation fee varies among local attorneys -- normally from $300 to $500 for the first hour. My first consultation fee is $200.

Most family law attorneys require a "Retainer" which is an amount of money paid up front at the time the attorney is "retained". Abraham Lincoln once said that when the retainer has been paid the client knows he has an attorney and the attorney knows he has a client. Usually the retainer amount is entered into the attorney's books as a credit in favor of the client. As the attorney works on the case and bills for those hours then the credit balance goes down. If the case is not resolved and as additional work needs to be done the credit turns into an additional bill. Most attorneys require that the client keep very current in the monthly bills

The amount of the retainer charged by the attorney will vary depending upon the complexity of the case and the amount of time the attorney anticipates it will take to complete it. In my recent experience retainers have ranged from $2,500 to $8,000.

The clerk of the court collects a filing fee when the first papers are filed. In Dissolution of Marriage cases that fee is currently $335. Filing fees are not collected for Domestic Violence cases. In addition, each time an Order to Show Cause or Motion is filed the filing fee is $40 ($an additional $25 is charged if the motion requests a modification of child custody and/or visitation).

There are similar fees for filing the Response and responses to Orders to Show Cause.

In addition to the filing fees there are a variety of other "Costs" which may occur in a Dissolution case. They Include:

• The fee for serving the initial or subsequent papers -- usually from $25 to $100 per service
• The fee for the videocasette of the hearing $5 in advance, $50 if requested later
• The fee for a transcript of the hearing if there is no videotape machine $250 -- $500 depending on the length of the hearing
• In addition there can be a variety of litigation costs. These are the expenses you might have to pay for experts to help your attorney prepare the case for trial. Such costs could include:
  • Deposition reporter costs
  • Real estate or business appraisers
  • Accountants and/or actuaries who appraise pension and retirement plans
  • Private investigators who might be hired to determine if the other spouse is working or cohabitating with another person
  • Mediator or child-custody and visitation evaluators

The amount of these costs can vary widely depending upon the particular tasks the expert is asked to do. It is usually possible to put a cap on the fees at the time the expert is hired.

Attorneys bill for the time they put in on your case. You can keep the attorney fees DOWN if you are able to help the attorney use his time efficiently. You can help make sure that the time the attorney bills you for is productive and helpful to the successful resolution of your case. Here are some things you can do to keep the fees down:

1. Do as much of the work on your case as you can yourself. This could include thoroughly filling out various requests for information -- such as The Family Law Interview Form or Written Interrogatories or Requests For Production of Documents. Make your work as easy for the attorney and his staff to understand as possible. Some clients will bring in a box of musty records and expect the attorney and his staff to go through it and organize it. The attorney WILL -- but he will bill you for the time it takes to do so. If you can organize the box of records yourself and maybe index what you are providing then you will be saving money.
   
   
2. Avoid creating unnecessary problems in the case which the attorney(s) will have to deal with. If you have been ordered to pay support -- pay it! If you are supposed to allow visitation -- allow it! If you are ordered to turn over documents or furniture to the other party -- do it! If you can come to an agreement rather than go to court -- agree! These are all things that attorneys take up lots of time dealing with and charging lots of money for -- and most of it can be avoided.
   
   
3. Don't use your attorney as a psychiatrist. The attorney only needs to know relevant information which can be used to resolve your case. Emotions always run high during a marital dissolution and you should make sure that you are not taking your attorney's time to deal with nonproductive, emotional matters.
   
   
4. Rely on the attorney's staff. The secretaries are your best friends during a family law case. You can communicate to the attorney very effectively and inexpensively by leaving messages with his staff. Frequently problems can be resolved by leaving messages with the secretary without any of the attorney's time being billed at all.
   
   
5. Have a settlement in mind and work toward it. A family law case is ended in one of only two ways: Settlement or trial. From the very first you should be making effort to come up with an acceptable settlement -- and if that is not possible, then getting the case into court for trial. The cases that hang around the court system for years without a clear resolution are always the most expensive.

In the desert area the range of hourly attorney fees rates is $300 to about $500. In some of the larger firms -- particularly in metropolitan areas -- attorney fees can get upward of $600 per hour.

I charge $300 per hour. I keep track of the time I spend on each client's case in tenths of an hour. At the end of the month each client receives a statement showing each service and the amount of time it took to perform that service. The time is totaled, multiplied by $300 and subtracted from the credit balance or added to a posetive balance. Attorneys bill for just about everything they do which promotes the client's interests. That could include telephone calls, letters (both sent and received), research, preparation of pleadings, office conferences and court appearances.

Return to the TOP of Home Page

Family Law Interview Form

The Order to Show Cause Page

Go to the The Child Support Discussion

Read the Court Rules

The Divorce Process

Frequently Asked Questions and Frequently Made Mistakes

Please Read THE CHILDREN'S BILL of RIGHTS

ReviewThe Child Custody Page