Cost isn’t the only thing to consider when choosing a divorce lawyer. But it’s high on the list.  Lawyers are expensive enough; you don’t need to overpay them. To limit legal fees, take the following into consideration when you are choosing your lawyer:

1. Local hourly rates. Find out from folks near you who have been divorced or are divorcing, how much their lawyers charge per hour and whether they felt the billing practices were fair. Also, call around to the offices of some local divorce lawyers and ask:

• What the hourly rates are for partners and associates.
• Whether any of the lawyers charge in minimum billing increments of more than 1/10 of an hour (6-minute minimums); if so, avoid them
• Whether unused portions of your initial retainer or subsequent retainers are refundable. (If not, go elsewhere.)

2. Location, location. There are two things to keep in mind regarding the location of a lawyer’s office:

• Lawyers in affluent communities may charge more than comparable lawyers located in more modest areas. That’s partly because their overhead is higher and partly because they know that their fancy addresses suggest a level of success entitling them to higher fees. There’s no need to pay a premium for a lawyer’s elegant digs.
• The distance between the lawyer’s office and the local courthouse will affect your bill because lawyers typically charge for travel time.

3.Impressions at your initial consultation. You know how some people just aren’t on your wavelength? Make sure your lawyer isn’t one of them. Miscommunication can cause extra work and thus extra legal fees. Not to mention lots of angst.

At your initial meeting, assess whether the lawyer answers your questions clearly and completely, especially questions requiring explanation in plain language of legal principles or procedures. Also, gauge whether the lawyer is fully attentive to you. Lawyers are generally at their touchy-feely best in initial meetings with clients, so lack of attention there may signal worse to come.

Also, you might want to tell the lawyer that you’d like to do some of the clerical tasks involved in your case, yourself. That would include organizing bank and credit card statements and other financial documents. See if the lawyer seems agreeable to that, so that you have the option of doing so in order to save on paralegal fees.

4.Reputation Among Other Divorce Professionals. One of the most important jobs of a lawyer is to persuade. You want your lawyer to be able to persuade opposing counsel during settlement negotiations, or to persuade a judge at trial. That requires that she be respected by other divorce lawyers and family judges. That does NOT mean that she has a reputation for being a “barracuda.” Lawyers who pride themselves on being difficult to deal with often prolong cases with their obstinacy. And anyone who has received a bill from a divorce attorney knows that extra time very definitely means extra cost.

Try to find out how other local lawyers feel about the lawyer you’re considering. If you can’t do that, see if you can get opinions from family therapists or other divorce professionals.

Be Your Own Paralegal

Paralegals’ billing rates are much lower than those of attorneys, so you’d prefer that paralegals perform the more routine tasks in your divorce case. But you can avoid fees altogether by having someone else perform paralegal tasks. Who? You!

Discuss with your lawyer doing work yourself such as gathering, copying, scanning and organizing documents. If you don’t have access to a scanner for hard copies, see if you can use your lawyer’s. Otherwise, consider buying one yourself to organize key documents electronically. You can recoup the cost plus more with what you save on paralegal charges.

With some direction by your lawyer and her paralegal, you can also summarize, index and analyze documents such as bank and credit card statements and even tax returns.

Of course, you have to actually HAVE the documents to organize them. Although it may not feel great to do, look for bank and credit card statements in your home where they are normally kept. Then look in as many other places as you can . . . as soon as you can. Securing documents early on can save the cost down the road of having your lawyer and paralegal track them down.

Make copies of as many documents as you can. If you suspect that your spouse might conceal information, decisive action may be necessary. Consider consulting with a forensic computer expert about seeking a court order to inspect your spouse’s computer.

Save a Bundle of Legal Fees
With Unbundled Representation

There’s something really special about sitting in court with your lawyer waiting for your case to be called while the clock ticks away dollars from your wallet into your lawyer’s. And it’s especially painful if you’re waiting for something like a status conference that you could have handled (with a few minutes of instruction) yourself.

“Unbundled representation,” also known as “discrete task” or “limited scope” representation allows you do to that, by separating out or “unbundling” tasks for which you most need a lawyer, such as contested court proceedings, preparing settlement agreements and legal research, and paying only for those.

Tasks that you might be able to avoid paying your lawyer (or her paralegal) by handling yourself include:

• Preparing routine court filings such as motions for continuance
• Handling perfunctory court appearances such as status conferences
• Obtaining, copying, scanning and organizing financial documents
• Preparing a draft of your financial affidavit or “disclosure statement”

Unbundled representation is not for every client or every case.  A successful unbundled representation arrangement requires the following:

• A client able to manage certain tasks customarily handled by lawyers
• A written agreement clearly specifying the respective responsibilities of attorney and client
• Adherence to relevant state ethical rules and laws
• A client educated about how unbundled representation works, its benefits, and its limitations

Note also that unbundled representation has a number of potential downsides:

• The line between the respective responsibilities of lawyer and client can become blurred, leading to confusion and tasks being neglected
• In an arrangement limiting the lawyer’s role to providing advice, clients do not always know when to seek that advice, and thus may miss important guidance
• Clients who feel they can handle, for example, a “routine” court proceeding may find out otherwise when they hit the courtroom
• An unbundled representation lawyer who is responsible for very limited portions of a case may not be in a position to negotiate an overall settlement

However, in the right circumstances for clients and lawyers who communicate clearly and work well together, unbundled representation can save, well… a bundle. To find out the extent to which your state permits unbundled representation, visit the American Bar Association’s Pro Se/Unbundling Resource Center at: https://www.americanbar.org/groups/delivery_legal_services/resources/

Then discuss with your lawyer an arrangement that will avoid you paying her to drive to (and back from) court, wait around for an hour, and then spend 30 seconds reporting to the court that your case is nearing settlement and requesting a final hearing date.

Saving Attorneys’ Fees in Divorce:
Pay Less with Good Timing

If you can afford a divorce lawyer, you should hire one. There’s too much at stake and too many complexities in divorce to risk “winging it” without expert advice. However, you can save some money by delaying hiring a lawyer while you take care of some things yourself. Here are some tasks you can probably handle without a lawyer’s help:

• File for divorce yourself using forms available on your state’s court system website
• Use a certified divorce planner or certified divorce financial analyst who charge substantially less than lawyers, to
  • Help you organize your financial paperwork
  • Help you prepare your financial disclosure statement
  • Discuss with you other divorce-related issues such as pensions, alimony deductions, etc.
• Consult a divorce coach if necessary regarding organizing your finances and dealing with non-financial issues such as caring for, and making decisions about your children

Note that you should use this approach only if:

• You have consulted with a matrimonial attorney who indicates that there are no pressing matters requiring immediate legal representation such as pendente lite (temporary) support or custody issues
• You and your children are not at risk of harm from your spouse
• You have very little money available for attorneys’ fees
• There are experienced CDPs or CDFAs in your area

If you’re going through a divorce, you have enough problems. You don’t need to add a crushing legal bill to the pile. Under the right circumstances, you can limit legal fees by limiting the amount of time your lawyer spends on your case.

Learn more about saving legal fees in
Divorce, Simply Stated (2nd ed.)