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Just called an attorney
I wasn't expecting anyone to answer, I thought I'd get their machine. Anyway, he was highly recommended from a former coworker of mine, so I thought I'd give him a call. I have a consultation appointment with him on Tuesday.
He told me his retainer fee is $3500 and when I asked if he did installment plans he said he needed $3k to start and I could pay the remaining $500 a month later. What kind of installment plan is that?!?!? I personally don't have that kind of money laying around, but could borrow it. But, does this amount seem about right?
He asked if I thought there would be any issues, and I said probably custody. He also asked where I thought the girls should be and I said with me (custodial parent) but have a fair custody agreement as neither of us are bad parents. But I did tell him that H doesn't have a 9-5 job and lots of times he's working into the night.
I'm nervous and I kind of feel guilty for doing all of the (seeing a counselor and now seeing an attorney) without H knowing.
Our Angel baby, lost at 6w6d on 6/10/08
Re: Just called an attorney
Yikes! Is that really the usual for a retainer? There is no way I can afford that right now! And I agree...what kind of payment plan is that?
I hope that he is able to help you and that any issues you are anticipating are not too bad..
$3500 sounds right to me. You're up upstate NY right? I paid $5k for a retainer in NJ. A lot of people put it on a credit card. The purpose of a retainer is you use it to secure representation and the cost of it goes toward your legal bills. If you don't spend the entire $3500 on the divorce, the remainder of the retainer gets returned to you. I've never heard of a retainer installment plan so that was generous of him in my opinion. My atty required it to be all paid upfront.
Don't feel badly, you're doing what you need to protect yourself and your kids.
I did not know this. Good to know, thank you! And yes, I am in upstate NY.
Yeah think of it as like a prepaid debit or gift card. You're giving yourself $3500 worth of legal fees that you've already paid. Unfortunately it gets used up very quickly, depending on what he bills.
What's his hourly rate? Is this a partner or an associate? I consulted with a partner who billed at $500/hr and used his associate who billed at $225/hr. She did a great job for half the money and consulted with him when necessary (then I got billed his rate for the portion of time he spent on the case). Also, you'll see on your bill when a paralegal does work (mine billed at $100 something/hr) and do things like copies, mailings, calls to court, etc). If your atty is a partner, ask for an associate instead to save money if you're comfortable.
Yep, my retainer was $2500 and he charges $350/hr. I told him though since I'm a paralegal I wanted to do a lot of my own work to keep my costs down. So, don't be afraid to ask the atty how you can keep yours down too. There may be some things you can do instead of them doing... like filling out some forms, etc.
Um, check with him about the retainer. In NC, a retainer can be one of two things. 1) An advance payment of legal fees or 2) an actual retainer, as in you pay this money to "retain" them as an attorney THEN pay them hourly on top of that. The second has fallen out of favor but is still used, in fact by a family law attorney my friend was looking to hire. He wanted $5K as a true retainer and then hourly fees on top of that. Obviously, she didn't go with him.
Definately ask what the "average" cost is for a situation like yours. He won't give you a firm number but he should be able to tell you generally what ball park you're in (like maybe you'll have some of the $3500 fee left or it'll cost you double in the end BEFORE you get to trial).
Also, court costs are often on top of the deposit. Find out what those are.
Good luck to you.
Yeah I'm an attorney and did a lot of the proof reading and issue spotting myself in order to keep the hours down. This depends on your attorney though..
I'm a family law attorney, and that's pretty reasonable. I generally ask for 5k when there are children involved. Custody fights are not cheap; and no, I can't accept a two hundred a month or something like that; I have to get paid. The few times I've felt sorry for someone and taken less than my normal retainer, I've gotten stiffed; miserable as it seems, I'd have told you to come in when you could raise the 3500.
Thank you all so much for your responses. I wrote down many of the questions you all suggested I ask. I'm sure I'll post again this afternoon after I meet with him.