In a divorce action, virtually all divorce lawyers ask for a retainer -- a deposit placed in a lawyer’s trust account from which the lawyer makes withdrawals as the case progresses. Generally, the retainer is a substantial sum, particularly when the case appears headed for trial. The usual routine calls for the attorney to draw down the retainer and the client to replenish it when it gets to a certain level. In this arrangement, the lawyer has the money before he mails the bill and the bill is really an accounting of what has already been spent.

Generally the retainer language is part of a fee agreement stipulating the retainer fee as well as billing arrangements, including the hourly rate for all services (the lawyer’s, associate’s, paralegal’s and clerk’s); billing practices and conditions of payment; the terms and conditions for the replenishment of the retainer, if applicable; the hiring and payment of experts; and the termination of services; the payment of expenses; and the disposition of funds unused in the litigation.

Some divorce lawyers have hourly rate for out-of-court work and a higher hourly rate for in-court appearances.

Lawyers, it should be remembered, bill for all work and graduate time in small fraction of a billable hour.

See also Contingency Fee; Success Fee Agreement.

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1. Calling Your Lawyer
   Many people going through a divorce make unnecessary telephone calls to their lawyers. Unlike doctors, many lawyers take calls at home -- and bill the client for them. In other words, every call counts.
   Contributed on 7/5/2007 by: DivorceDex.com Staff

   Category: Legal Fees  (Applicable in All States)

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