how to negotiate attorney bills divorce

• Ask your attorney whether his or her time is billed differently for trial work versus preparation. ...
• Ask the attorney to identify the type of work that is typically handled by people in the office other than the attorney.
• Ask the attorney how much experience they have handling your case. ...
• Ask to provide your own fees upfront. ...

Full Answer

How to negotiate with an attorney to save money?

When you meet with an attorney, you should discuss the attorney’s fees and be prepared to negotiate the terms of the fee structure. Whether the attorney bills his or her fees as a flat rate, hourly, or an a contingent fee basis, there is usually room to reduce the fee and save yourself money.

What happens if I Can’t pay my bills during the divorce process?

If your attorney knows you will struggle to pay your bills during the divorce process, she can pursue temporary spousal maintenanceon your behalf while the divorce is pending.

How can a divorce attorney help you during the divorce process?

Your attorney is familiar with the problem of divorcing spouses who struggle with finances, and she can help you get relief. If your attorney knows you will struggle to pay your bills during the divorce process, she can pursue temporary spousal maintenanceon your behalf while the divorce is pending.

How can I save money on my lawyer bills?

By establishing a 6-minute billing interval, an attorney who makes a 5-minute phone call does not get to bill for 15 minutes, or 1/4th of the attorney’s hourly rate. A second cost saving technique is to negotiate certain fees at a fixed rate and others at an hourly rate.

What to discuss with an attorney?

How many minutes should an attorney bill?

How to negotiate cost cutting?

How to choose an attorney for a flat fee?

What is contingent fee agreement?

Why do attorneys charge flat fees?

How to reduce the cost of a case?

See 4 more

About this website

Can my spouse make me pay her divorce attorney fees in Texas?

How do I ask my spouse to pay for my divorce attorney fees in Texas? If you don't ask, you can't receive. In your original petition for divorce, you must ask the judge to order your spouse to pay for your divorce attorney fees in Texas.

What is it called when a lawyer overcharges you?

While the act of overbilling can simply be a lawyer overcharging for services, there are numerous ways this can occur, for example: Padding a bill: This occurs when a lawyer lies about how much time was spent on a matter. By overstating time spent, the bill becomes inflated.

What do most attorneys charge per hour?

What are Typical Attorney Fees. Throughout the United States, typical attorney fees usually range from about $100 an hour to $400 an hour. These hourly rates will increase with experience and practice area specialization.

Do Lawyers Negotiate?

The fact is, lawyers negotiate constantly. Whether you're trying to settle a lawsuit or attempting to close a merger, you're negotiating. Yet relatively few lawyers have ever learned the strategies and techniques of effective negotiation. Instead, most lawyers negotiate instinctively or intuitively.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.

What is an attorney vs lawyer?

However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.

How much does a top lawyer cost?

Here are the Top 10 average rates by city:New York City $344.Los Angeles $324.Chicago $312.Miami $310.Washington DC $304.Dallas $300.Atlanta $293.Boston $278.More items...•

What is a retainer fee lawyer?

A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to individual third parties that have been engaged by the payer to perform a specific action on their behalf.

What are 5 rules of negotiation?

The 5 New Rules for Winning NegotiationsFear of loss is the single biggest driving force in human decision-making.Emotions are intertwined into every decision people make.Negotiation does not equal bargaining. If you negotiate well, you don't have to bargain.Don't take yourself hostage.The Oprah Rule.

How do I prepare for legal negotiation?

Good preparation is essential for effective negotiation. Research the law, understand the issue, be clear on your client's objectives and construct a plan. Hold firm to your principles, but only if those principles can be objectively defended. Don't let yourself be intimidated by a particularly aggressive negotiator.

Which is the best method to negotiate?

5 Tips for Negotiating BetterMake the first offer. ... When discussing money, use concrete numbers instead of a range. ... Only talk as much as you need to. ... Ask open-ended questions and listen carefully. ... Remember, the best-negotiated agreement lets both sides win.

What is vertical overcharging?

HORIZONTAL OVERCHARGING OCCURS WHEN MULTIPLE CHARGES ARISE FROM A SINGLE INCIDENT, AND VERTICAL OVERCHARGING OCCURS, WHEN MORE THAN ONE OF THE SIMILAR PENAL STATUTES CARRYING DISPARATE SENTENCES ARE APPLIED TO A SINGLE TRANSACTION. THE OVERCHARGING IS MOST OFTEN PRACTICED BY PROSECUTORS TO COERCE A GUILTY PLEA.

What does it mean to pad charges on a case?

Pad is a slang term. It means to increase an account fraudulently, particularly an expense account. The term is generally used in relation to a lawyer or a paralegal. It refers to the overstating of the number of billable hours worked.

Why do prosecutors overcharge?

Overcharging is also a way for prosecutors to exert pressure on a defendant. This strategy may be particularly relevant if multiple people are suspected of engaging in a crime. In such a case, the prosecution's overcharging may be a strategy for getting one defendant to be a witness against another defendant.

What is horizontal prosecution?

When a prosecutor prosecutes a case horizontally, a different prosecutor is in charge of each part of the process. For example, in some jurisdictions, the initial prosecutor handles the arraignment, then it gets passed off to another prosecutor for a preliminary hearing, and then another prosecutor does the trial.

How to negotiate a better price with a lawyer without sounding ... - Quora

Answer (1 of 6): In my experience, it's the rich, experienced clients who negotiate price. It's the folks who are afraid of being looked down upon who take the first offer. I spent some time working for a commercial real estate developer who was a seriously cheap SOB. He was also worth many mi...

Normal attorney fee for emails and text messages? - Avvo

thank you. Good content is expected. I have had good attorneys before. But this attorney is initiating the text and has not studied the case yet. he does not even know what it is about, even through he was retained 6 months ago. texts are mostly bickering about things he does not believe us about, which are personal, and not case related. he is quitting now that he has used up the retainer.

What to discuss with an attorney?

When you meet with an attorney, you should discuss the attorney’s fees and be prepared to negotiate the terms of the fee structure. Whether the attorney bills his or her fees as a flat rate, hourly, or an a contingent fee basis, there is usually room to reduce the fee and save yourself money. However, some good attorneys may not be willing ...

How many minutes should an attorney bill?

If you are negotiating an hourly fee agreement, you can ask that the attorney bill at 6 minute intervals rather than the more standard 15 minute intervals.

How to negotiate cost cutting?

For example, you can negotiate the intervals at which an attorney bills, specify that certain aspects of the case be handled for a fixed fee rather than an hourly rate, and you can limit the number of hours that an attorney can work on your case.

How to choose an attorney for a flat fee?

When choosing an attorney to represent you in a routine legal case for a fixed fee, it is important that you contact other attorneys in the area and identify the rate that they charge for the same legal work. By identifying the acceptable fee range for legal services, you are in a better position to negotiate a reduced fee from an attorney that charges more than his or her competitors .

What is contingent fee agreement?

Understand a contingent fee arrangement. In a contingent fee agreement, an attorney agrees to accept a fixed percentage of the amount recovered in your case. The percentage may be between 33% and 40% of the amount recovered. Typically, personal injury cases are handled on a contingent fee basis. In a contingent fee arrangement, you will also be responsible for paying the costs of the case from any recovery. However, if the lawyer loses you will not owe the lawyer any money for the time spent working on your case. Some of the costs related to a case may include:

Why do attorneys charge flat fees?

You will see flat fees for criminal cases because it is often hard to get paid once a client goes to jail. With an hourly rate, an attorney charges you for every hour or portion of an hour that the attorney or other staff members work on the case. Attorneys who handle divorce cases may charge an hourly rate.

How to reduce the cost of a case?

You can also reduce the costs of your case by being completely honest with your attorney about all of the facts in your case. This helps the attorney better prepare your case and not waste time responding to issues to which he or she was unaware.

How to negotiate fees with an attorney?

If you spoke on the phone with the attorney for 15 minutes, you’d be charged at the hourly rate for a 5-minute interval rather than a 15-minute interval. Another way you negotiate legal fees with your attorney is that you be charged with a flat fee for certain services and an hourly rate for others. For example, the attorney can complete court forms at a designated flat fee and charge you hourly to appear in court.

How to negotiate with multiple lawyers?

The first step to negotiating legal fees with your attorney is to compare the hourly rates and flat fees of multiple attorneys. Comparing legal fees from multiple lawyers can give you a sense of how much your attorney should cost based upon your location and legal matter. This can also give you leverage in choosing an attorney that’s willing to fit your budget. For example, you’re more likely to get an attorney whose costs fit your budget by negotiating with multiple lawyers rather than just one.

What is a contingency fee agreement?

A contingency fee agreement is an agreement in which an attorney accepts a designated percentage of a client’s monetary recovery as a form of payment. If a client wins monetary compensation, the lawyer will receive a designated percentage of the client’s recovery. In contingency fee agreements, clients typically do not pay attorneys if their case is lost. The average contingency fee is 30-33% (one-third) of the final monetary recovery.

How to negotiate a contingency fee?

To negotiate a contingency fee agreement, first carefully read and compare contingency agreements from multiple attorneys. These fees are typically negotiable, so you can propose a lower contingency fee, discuss a reduced fee if the case is settled, or request a sliding scale. Make sure to ask how the attorney fees will be deducted.

How to negotiate legal fees?

To negotiate legal fees with your attorney, compare a few attorneys’ hourly and flat fee rates, and ask what services are included in the costs. You can request a reasonable rate, and reach a fair payment plan and billing structure. Carefully read the retainer agreement before you sign it. Limited scope representation is also a great way to keep attorney costs low.

How to get a contingency fee?

Get in touch with a few attorneys and tell them about your case. If they’re interested in taking it, they’ll offer you a contingency offer. Getting offers from multiple attorneys can help you understand the typical contingency fee based on your location and area of law.

What is a reduced settlement negotiation fee?

You can propose a reduced “settlement negotiation” contingency fee, which means that the attorney’s contingency percentage will be lower if the case is settled outside of court, and higher if the case is settled in court. For example, your attorney can receive 25% if the case settles and 35% if monetary compensation is recovered by court litigation. This can help incentivize your attorney to not reach a lousy settlement outside of court and take the case to court litigation if necessary.

1 attorney answer

Unfortunately the decision on whether to negotiate the bill is entirely up to the lawyer. There is a process you can go through with the State Bar to dispute the fees if you think they were inappropriate (www.nvbar.org).

Loren A Piel

Unfortunately the decision on whether to negotiate the bill is entirely up to the lawyer. There is a process you can go through with the State Bar to dispute the fees if you think they were inappropriate (www.nvbar.org).

What if your big worry is that you won't be able to pay your bills during the divorce?

What if your big worry is that you won’t be able to pay your bills during the divorce? For a lot of stay-at-home parents, and people who earn much less than their spouse, this is a real and legitimate concern. Don’t be embarrassed to talk to your divorce attorney about this issue. Your attorney is familiar with the problem of divorcing spouses who struggle with finances, and she can help you get relief.

What happens when you divorce?

There’s no question about it: divorce disrupts almost everything about your life, including your finances. And while you’re trying to figure out what the “new normal” is, much of life goes on as usual—including the arrival of bills in the mail, and the need to pay them.

Do divorced parents have joint custody in Minnesota?

In Minnesota, as in most states, courts prefer divorced parents to share joint legal custody of their children, which means making major decisions for the child as a team. Those major decisions include things like education and health care decisions,… Read More

Does contacting a law firm through the website start an attorney/client relationship?

By submitting this form I understand that contacting the firm through the website does not start an attorney/client relationship

Can a spouse be a credit card holder?

One common bone of contention is credit card bills. Often, one spouse is the primary cardholder, with the other being an authorized user on the account. This can add up to trouble for the primary cardholder if the authorized user runs up charges and decides not to pay them. In most states, including Minnesota, courts will hold you responsible for debt that is in your name. If your spouse is an authorized user on your account, you may be able to remove their authorization, preventing them from making any further charges.

What is divorce negotiation?

While it’s important to let the other party feel that his or her needs are being addressed, be sure that you’re being heard equally. As admirable as it is to be generous and give way on issues, a deal can’t be truly fair unless you’re receiving the same generosity and respect in return. Remember, the saying isn’t “do unto others better than you would have them do unto you.”

Why is it important to negotiate with someone?

There are many benefits to bargaining with somebody instead of arguing or fighting to the bitter end over an issue. Negotiation turns your opponent into a partner – even, potentially, an enemy into a friend –because you’re working together to benefit both of you. You can avoid the increased resentment, hostility, and awkwardness that result from continued antagonism ; you can avoid the wasted energy, stress, and emotional strain that are involved in clinging to your position and pursuing your wants at all costs ; you can wind up with an outcome that’s fair, pleasing, and the result of your own empowerment.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

How to coerce a client to pay a lawyer?

Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

What happens if you don't raise your lawyer's billing concerns?

The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What to do if you get a high bill from an attorney?

There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee. Ten points for clients to consider:

What is the code of professional conduct and responsibility for lawyers in New York?

In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in New York State (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.” DR 2-106 [A].

Saving Time, Money & Stress During a Divorce

Negotiating the aspects of a divorce outside of court gives both parties an opportunity to openly attempt to negotiate issues pertaining to a divorce.

Benefits of Negotiating the Terms of a Divorce

Where this effect may be felt the greatest is in a disproportionate income household.

What to discuss with an attorney?

When you meet with an attorney, you should discuss the attorney’s fees and be prepared to negotiate the terms of the fee structure. Whether the attorney bills his or her fees as a flat rate, hourly, or an a contingent fee basis, there is usually room to reduce the fee and save yourself money. However, some good attorneys may not be willing ...

How many minutes should an attorney bill?

If you are negotiating an hourly fee agreement, you can ask that the attorney bill at 6 minute intervals rather than the more standard 15 minute intervals.

How to negotiate cost cutting?

For example, you can negotiate the intervals at which an attorney bills, specify that certain aspects of the case be handled for a fixed fee rather than an hourly rate, and you can limit the number of hours that an attorney can work on your case.

How to choose an attorney for a flat fee?

When choosing an attorney to represent you in a routine legal case for a fixed fee, it is important that you contact other attorneys in the area and identify the rate that they charge for the same legal work. By identifying the acceptable fee range for legal services, you are in a better position to negotiate a reduced fee from an attorney that charges more than his or her competitors .

What is contingent fee agreement?

Understand a contingent fee arrangement. In a contingent fee agreement, an attorney agrees to accept a fixed percentage of the amount recovered in your case. The percentage may be between 33% and 40% of the amount recovered. Typically, personal injury cases are handled on a contingent fee basis. In a contingent fee arrangement, you will also be responsible for paying the costs of the case from any recovery. However, if the lawyer loses you will not owe the lawyer any money for the time spent working on your case. Some of the costs related to a case may include:

Why do attorneys charge flat fees?

You will see flat fees for criminal cases because it is often hard to get paid once a client goes to jail. With an hourly rate, an attorney charges you for every hour or portion of an hour that the attorney or other staff members work on the case. Attorneys who handle divorce cases may charge an hourly rate.

How to reduce the cost of a case?

You can also reduce the costs of your case by being completely honest with your attorney about all of the facts in your case. This helps the attorney better prepare your case and not waste time responding to issues to which he or she was unaware.