Here is the penultimate post in my series on William A. Eddy‘s tips in helping hire the right attorney. Today, I give you Mr. Eddy’s thoughts on the issue of what you should expect with regard to fees, along with my thoughts and comments on several of these items, as noted:
WHAT IS A REASONABLE FEE?
Hourly Rates:
Eddy: Rates vary greatly around the country, but it is not unusual today for Family Law attorney’s fees to range from $100 to $400 per hour, depending on your geographic area, the years of experience of the attorney, and the number of hearings involved in the case (which is often determined by how driven the Blamer (i.e., opposing party) is to bring large and small issues to court).
Stevens: In South Carolina, attorneys’ hourly rates generally fall in the range of $150 to $300 per hour. However, I have concluded that charging by the hour may not be in the client’s interest, and I have begun to handle Family Court cases on a “fixed fee” basis. I quote a set fee based on the type of case and other relevant factors. Of course, if the posture of the case changes (i.e. an uncontested suddenly becomes contested or a case about visitation or child support turns into a contested custody case, an additional fee will be required and negotiated accordingly). I will post more on “fixed fee” billing in future posts.
Retainer Amounts:
Eddy: Have access to at least $5,000 to $10,000 for a retainer to start a very assertive approach to handling a case with a Blamer.
Keep in mind that an entire case involves several hearings, experts, many delays, and responses to ever-escalating abusive conduct and/or false allegations. This can range in cost from $5,000 to $50,000, and sometimes higher. Also, keep in mind the future potential costs if the Blamer is back in court several times over the years.
If you get a good court order, you may have to bring the Blamer back to court to enforce it. Additionally, if you get a good court order, the Blamer may repeatedly bring you back to court in an effort to get a different decision.
If you get a bad court order (such as finding you guilty of actions you never did or the Blamer innocent of all real misbehavior), you may need to bring the case back to court again (although there are many restrictions about this and it is not always possible).
Stevens: I generally agree with Mr. Eddy on these issues, but since every case is different, it is difficult to generalize on the exact amount needed to begin and/or pursue such a case without knowing more about the facts of that given case. For instance, Client A could case less the fees and costs incurred by Client B. Client A is only concerned about the outcome of his/her case, and rightfully so.
Your Assistance and Cooperation:
Eddy: Ask your attorney if there are tasks you can do to save money. They may suggest research and gathering of information and documents. However, this is limited, as the attorney is responsible for your case once you hire him or her, and has requirements about what tasks they must do.
Stevens: I regularly have my clients assist with the collection of documents and basic information with regard to their case. Many times, clients will already have the desired information on hand, and I can thus get it from them quicker and less expensively. For instance, if I want to obtain the client’s income tax returns for the past three years, the client may (should) have a copy at home, or if not, he may be able to get a copy from his accountant at no charge. On the other hand, if I had to request a copy from the IRS (or even the client’s CPA), there would almost certainly be costs incurred which would then have to be passed on to the client.
Prepare Yourself Financially:
Eddy: Be financially prepared. You do not want to be in conflict with your attorney about money in the middle of a difficult case. However, you should be able to discuss money openly with your attorney.
Many attorneys do not charge you to discuss questions about their bills, and some will delete a charge if you think it was excessive. Find an attorney you can work with, not against.
Stevens: Clients should always be sure that they can afford to see their case through. Nothing is worse than having a client exhaust their financial resources mid-way through a case, and then be left to fend for themselves in the midst of a contested matter. One of the many benefits of working on a “fixed fee” basis is that this minimizes the changes of this happening. Clients know up front what their costs will be, and they can make an intelligent, informed decision with that information in mind. If they cannot afford a particular attorney, they can then have the opportunity to seek a less expensive one before beginning the matter instead of being forced to switch mid-stream, when they are under stress with deadlines looming.
Cost Is Only One Factor:
Eddy: The cost of the attorney should not be the deciding factor in your selection. Just because an attorney is very expensive does not mean that he or she will pay the most attention to the needs of your case — or that he or she is the best for the issues you are facing.
On the other hand, just because an attorney may charge less than average for your area does not mean that he or she is less qualified for your case. Realistically, you want the person who has the best combination of experience, understanding of the specific issues in your case, and the ability to communicate well with you.
Stevens: I definitely agree with Mr. Eddy on this issue. The most important factor in choosing an attorney should be your confidence in the attorney and his abilities. Certainly, cost is a factor that should be considered, but it is better to view the cost from the perspective that you are making an investment — an investment in a person to handle this most important case for you. No person would want to have the least expensive attorney they could find, just as they would not want the least expensive surgeon operating on them. Address the attorney’s competence, experience, accessibility, and personality instead of focusing exclusively on the cost.
Source: Excerpt from SPLITTING: Protecting Yourself While Divorcing a Borderline or Narcissist by William A. Eddy, LCSW, Esquire as published on BPD Central, a list of resources for people who care about someone with borderline personality disorder (BPD).