Yes, I’m back, and I’m still talking about costs in your divorce or child custody case because there is (still) more information that I could share that might impact the choices that you make in your case, at least when it comes to whether to hire an attorney (and if so, whom).
We’ve already talked about costs in Part One and Part Two of this same series, so feel free to revisit earlier articles if you still have questions.
Because knowing what you can afford and making choices that fit within that economic reality isn’t silly – it’s critical. The last thing you want to be is several months down the line and in a completely untenable financial position.
To summarize what has gotten us to this point: most family law attorneys work on retainers and bill hourly as work is completed. The wild card(s) in a family law case are whether child custody and/or spousal support are at issue as well as the level of difficulty presented both by your husband and/or the attorney he hires. Other experts, like CPAs, therapists, doctors, or business valuators can also drive up costs.
The more complex the case, the more likely it is to be expensive – but, oftentimes, clients aren’t the best judges of whether (or not) their case will be complex. I, for one, can’t tell you how many times I’ve heard some version of, “We’re on the verge of an agreement,” or “We’ve got all the big issues worked out and just need it drafted into an agreement,” when nothing could be further from the truth.
It’s not that anyone means to mislead their attorney (or prospective attorney). It’s just that this is a highly volatile and emotionally driven process that isn’t over until it’s really over. Settlement discussions and negotiations are not admissible evidence in court and no one is going to be held to what they discussed as a potential option later on if it ends up that an agreement isn’t immediately forthcoming. People can – and do – change what they’re willing to agree to as time goes on and circumstances change.
But, still, there’s more to discuss.
How can you best control or minimize costs in your family law case – without compromising on the outcome?
It’s always hard (or even impossible) to guarantee outcome in a family law case, but you should know ahead of time what an ideal range of acceptable solutions might look like for you. There are some things that you are virtually entitled to under the law; there are things where there is a little more wiggle room. It’s important to know, ideally ahead of time, where those things are so you don’t waste time and energy fighting over things that don’t warrant the time spent.
In general, this is one of the biggest points where time (and resources) are lost. Especially if you have consulted with an attorney – and that attorney is someone whom you feel you can trust – you should feel that you have the ability to ask questions and have them answered in order to prioritize what is most important based on what the attorney thinks is likely to happen. Being able to have open and honest conversations, and then make appropriate decisions off of those questions, is one of the best ways to save time and money without compromising the outcome.
Sure, it can be hard to get information you don’t like from your attorney, which is why it’s important to hire someone with whom you can have open and honest conversations. Furthermore, it is also important that you hire someone with whom you can be truthful, because the attorney operating on half truths or incorrect information is likely to both cost additional money and yield unpredictable results – at best!
If you don’t like or trust your attorney – hopefully a situation you don’t find yourself in – consider getting a second opinion. The worst case scenario would be to get advice you don’t trust and then either not tell your attorney the truth or fail to follow the advice, only to find out that you’ve been operating from different perspectives that ultimately mean that your end goals become less achievable.
How can you choose the right family lawyer for you?
I believe that most of this question comes down to hiring the right attorney for you in your specific situation. Since you probably haven’t been in this position before, that may feel like a difficult thing to do.
…And I am also okay to admit that, objectively, lawyers are not one of the easiest demographics to get a good read on, or even to like remotely at all.
Still, though, I think you can tell a lot from an initial consultation. Are you comfortable enough to bring to the attorney’s attention the things that made you make the appointment? We often talk about sensitive topics – your sex life, the health of your marriage, parenting, and even finances – so it’s easy to be in fairly uncomfortable territory quickly. Can you have that conversation? If you cried or showed emotion, was your attorney able to help you navigate your feelings and stay on track without invalidating you? You should feel important, listened to, informed, and consulted, but you should also feel that your attorney is calmly keeping the train on the tracks.
You should be able to talk, too, about how much the case will cost – not that I think it is realistic for your attorney to provide any kind of estimate – but that you can discuss billing practices, her relationship with her paralegal, and what to realistically expect. If there are ceilings that your attorney needs to be aware of, that would be a good thing to mention, too. Like most other people, we – that is to say, attorneys – can’t work without getting paid, but we can be mindful of a specific financial situation if we have the information we need to help inform that conversation.
All in all, I think honesty and transparency are two of the most important factors when it comes to choosing an attorney to represent you who will help keep your end goals – including your finances – in mind. That’s not to say that a good attorney can help you pick and choose how much your case will cost, but she can clue you in to areas where you can save money. Though I think it’s fair to say that these areas can vary from attorney to attorney and firm to firm, one of the biggest things is by providing information requested by the attorney in a timely manner and making sure that it is easily and clearly organized to minimize the amount of time the attorney has to spend reviewing and familiarizing herself with the materials. Your attorney may have a different suggestion – and you may also have your own suggestions – but it’s a good thing to at least begin to discuss early in your representation.
For more information or to request a copy of our book on hiring an attorney, visit our website at hoflaw.com.