FEES, COSTS AND EXPENSES
__
Any discussion about what the costs or attorney's fees will be the roughest of estimates. There are many variables in any case, including some over which we have no control. Who your spouse will hire as an attorney, how complex the financial records are, or how reasonable (or motivated) you and your spouse are will affect how I handle your case and, therefore, what it will cost you.
The fee varies with the services you require, but it is based on the hourly rate set out in the contract you sign and it is charged in six (6) minute units (minimum 2/10 of an hour). The reason we charge in this minimum is that in order to stop doing one thing, attend to your problem, make a record of that time, and then get back to where we were in the other case, that usually takes at least twelve minutes.
A basic no-fault, uncontested divorce includes the initial conference; the preparation and filing of the "Bill of Complaint"; arranging for the appropriate documents to be served on your spouse; taking of the depositions (in Hampton and other "commissioner" jurisdictions, this is done in another attorney's office), and preparing and submitting the final decree of divorce to the court. Additional time may be spent in your case that is not contemplated in the initial fee quote. For example, your spouse may decide to contest the divorce, or ask for spousal support or child custody, or for a different property division when you thought these matters were resolved. Additional services beyond those contemplated in the immediately preceding paragraph will be billed to you at our standard hourly rate. Billable time includes telephone or in-office conferences, negotiations, drafting correspondence and agreements, drafting responses to counter-pleadings, scheduling hearings and court appearance.
If there is a trial, the judge can order one spouse to pay some of the other spouse's attorney's fees. The judge will rarely order payment of the full amount. As my client, you are responsible for paying the agreed fees, and I will give you full credit for any payments made by your spouse. You have probably heard of divorces in which the attorney representing the wife promises to collect the attorney's fees from the husband. This creates a conflict of interest between the attorney and his client, as the attorney might be tempted to compromise the wife's rights in other areas to protect his fee, and it is strictly prohibited. If it appears in your best interest, we will negotiate and argue for your attorney's fees; however, our focus will be on the total picture. Any discussion about the total cost of a divorce is only an estimate. Because we do not have control over many things such as what your spouse's attorney may or may not do, we cannot tell you how much time your case will require (or how much it will cost). We are always sensitive to the amounts that we are charging to you, but the amount of time necessary to properly prepare for you case is really not within our control. (The amount of time we actually spend on your case can be limited by you and controlled by us, but the amount of time we need to devote to your case is quite another matter, and is often a matter of judgment.)
We require a retainer to accept your case and to begin drawing up the necessary papers. The retainer is placed in a trust account and drawn upon only as fees are earned. We are not in a position to undertake any case for less than the agreed upon retainer. We want to be your well focused attorney, and don't operate quite so well if we are also your creditor. If the fees charged as we proceed forward with your case exceed the retainer (and eventually they might), we will expect that the fees will be promptly paid. We will not drop you as a client just because you owe us money, but do expect that a good faith arrangement will be made by you to see that the balance is attended to.
If you interview the attorney and decide not to retain the firm, you will only be charged for the office conference. If you retain the firm, we will sign a contract setting out the terms of representation in writing. Hopefully then there will be no billing surprises.
