|
DIVORCE ATTORNEY FEES |
| |
Do lawyers charge on an hourly (time) basis for divorce etc. representation? |
| |
Will a lawyer represent a client on a set fee basis? |
| |
Will a lawyer give a fee estimate? |
| |
What is the range of fees charged by lawyers in McHenry County? |
| |
On what do lawyers base hourly rates? |
| |
What is a retainer fee? |
| |
May I be ordered to pay my spouse's fees? |
| |
Why may I be required to help finance my spouse's attorney fees? |
| |
How are final, or "contribution" fees determined? |
| |
If I am a poor person can I obtain free legal services for a divorce? |
| |
|
| Q: |
Do lawyers charge on an hourly (time) basis for divorce etc. representation? |
| A: |
Yes. Your lawyer should keep track of the time spent on your case and give you itemized billings. |
| |
Back to Top |
| |
|
| Q: |
Will a lawyer represent a client on a set fee basis? |
| A: |
Seldom. This is because there are so many unpredictable things that may happen in a divorce. I suppose if someone came to me with a thoroughly thought out and discussed agreement between the spouses, and its provisions were reasonable, a flat fee could be quoted, but this virtually never happens. |
| |
Back to Top |
| |
|
| Q: |
Will a lawyer give a fee estimate? |
| A:: |
Seldom. The reason is the same as for not being able to quote a set fee. While your lawyer may know precisely what she or he should do to go directly to a divorce, there is little control and predictability about what the other side will do. |
| |
Back to Top |
| |
|
| Q: |
What is the range of fees charged by lawyers in McHenry County? |
| A: |
The norm is between $150 and $400 per hour. The high end may be higher in large urban areas like Chicago , New York and Los Angeles . Some lawyers charge a higher hourly fee for court room work than for office work. |
| |
Back to Top |
| |
|
| Q: |
On what do lawyers base hourly rates? |
| A: |
Experience, reputation and ability are the main factors. A lawyer may also charge a higher hourly rate than usual for a very difficult case. |
| |
Back to Top |
| |
|
| Q: |
What is a retainer fee? |
| A: |
Essentially it is a down payment. It usually serves as a credit against future services and when the retainer is exhausted by court costs and services, the client is billed. Some lawyers also employ an "end retainer" in which all, or part of the retainer fee is applied to the last services rendered, rather than the first. For example, if $3,000 is the retainer, $1,500 may be applied to the first services rendered and the remaining $1,500 will be credited against the last billing, and if there is a credit balance, it will be refunded to the client at the end of the case. |
| |
Back to Top |
| |
|
| Q: |
May I be ordered to pay my spouse's fees? |
| A: |
Yes. One party may apply against the other, during the pendency of the proceedings, for "interim" fees, and at the end of the case either party may apply against the other for final, or "contribution" fees. |
| |
Back to Top |
| |
|
| Q: |
Why may I be required to help finance my spouse's attorney fees? |
| A: |
To give each side an equal financial ability to pay for a lawyer. Recently the Illinois General Assembly passed legislation regarding attorney fees in divorce matters. It is called "Leveling the Playing Field." The goal of this legislation is to put the parties in parity for the payment of fees. Thus, for example, if you paid your attorney a retainer of $3,000 and your spouse files a petition for interim attorney fees, you will have to reveal the $3,000 retainer you paid and you may have to pay your spouse's attorney an amount as will equalize the payment of fees. |
| |
Back to Top |
| |
|
| Q: |
How are final, or "contribution" fees determined? |
| A: |
These fees are determined after the case is concluded by the court. The judge, in making a fee award, is to consider the same factors as are to be considered in the distribution of property and in the award of maintenance (if there is a maintenance award). |
| |
Back to Top |
| |
|
| Q: |
If I am a poor person can I obtain free legal services for a divorce? |
| A: |
Yes. Through Prairie State Legal Services at 1-800-942-3940. You will have to demonstrate that you cannot afford a lawyer through employment income and that you do not have valuable assets. |
| |
Back to Top |
