The dissolution of a marriage or a post-judgment enforcement matter can become a significant financial undertaking for any party. Although the cost of retaining an attorney may seem high, you should look at it as an investment and have realistic expectations. In other words, you need to look at the big picture and the overall savings you are making by having a knowledgeable and effective lawyer represent you. During a divorce, an attorney may be able to help you avoid making uninformed decisions that may substantially impact your financial circumstances.
In South Florida, attorneys typically bill by the hour and require an initial retainer in a lump sum. An individual who is seeking a divorce retains counsel by depositing, e.g., $7,500, with his or her attorney. As the attorney represents the party during the divorce proceedings, the attorney’s time is billed to the client and deducted from the $7,500 that was deposited as a retainer. If the retainer is about to be depleted before the end of a case as a result of the services provided, then the client will be asked to replenish the retainer. Depending on the complexity and circumstance of the case, the attorney may require that the client replenish the entire retainer once it is depleted. This will depend on the law firm or attorney. With respect to the filing fees, subpoenas, court reporter and transcript fees, process server fees, and copies and out-of-pocket costs pertaining to your case will be billed separately from the attorney’s fees. The initial minimum retainer should not be interpreted to mean that you will only spend the initial retainer amount on the case. Every case is different; therefore, it is impossible for the attorney to quote you an exact amount that you will spend on legal fees in your case.
The hourly rate billed by an attorney is based on a number of factors, such as the attorney’s experience, region, and the local market’s demand and desirability for a particular attorney (make sure you do your research or ask around about the attorney you are thinking about retaining because not all attorney’s are the same in terms of the quality of work, reliability and dedication). In South Florida, a divorce and family law attorney’s hourly rate will range from $750 per hour on the very high end to $200 per hour on the low end. Again, you really need to do your research or due diligence before retaining any lawyer because the attorney who charges $400 per hour may provide a superior level of service to a client than an attorney who bills out at $750 per hour.
Firm’s Retainer and Consultation Fee
The average starting retainer for Mr. Cunha ranges between $7,500 and $25,000. Depending on the case, the retainer is either increased or reduced based on the anticipated work to be done and the complexity of the issues. There are certain complex cases that may merit an initial retainer exceeding $15,000. For example, a marital estate valued in excess of $500 million that involves multiple trusts and ownership interests in shares of various classifications of stock in certain companies would require an initial minimum retainer of $25,000 or more. In comparison, there are less complex cases where the retainer would be less than $7,500. In order for our office to provide you with a quote for the initial retainer, a consultation is required for Mr. Cunha to review the facts of your case. The consultation fee is $300. There are certain individuals who are unable to appear in person due to their schedule or location. Mr. Cunha also does consultations over the phone for the same fee amount. Under certain circumstances, Mr. Cunha has met with clients at their offices. If you decide to retain Mr. Cunha and his office, the consultation fee is applied to the initial retainer amount. The initial retainer is an “initial” retainer, which means if the amount is depleted during your legal proceedings, the retainer will need to be replenished. An individual will need to have realistic expectations as to the cost of legal representation in marital and family law proceedings. In a matter involving the division of property, support, and/or children, it is likely that the retainer will need to be replenished. If the opposing party is litigious, this will naturally drive up the cost.
AT NO TIME DOES AN ATTORNEY’S FEES DURING A DIVORCE OR FAMILY LAW CASE BECOME CONTINGENT ON THE OUTCOME. All fee agreements and contracts must be in writing. Although the attorney may be familiar with the process and knowledgeable of the law, there are still other variables that are beyond his or her control. When you enter into a written agreement with your attorney, except in flat fee contracts, you are agreeing to pay for the attorney’s time, which includes the attorney’s time in preparing or drafting pleadings and motions, appearing in court, communicating with you as well as on your behalf to the opposing counsel, reviewing documents related to your case, etc. Additionally, attorneys typically employ and bill out their paralegals to assist them in a client’s case in order to save the client money.
It is also important for you to consider that an attorney will withdraw from your case if you do not pay his or her fees when they are due. Additionally, if fees are owed to your attorney, he or she may seek to adjudicate an attorney’s charging lien against a portion of the marital estate that will be awarded to you in the divorce.
Flat Fee Structure
In specific circumstances, an attorney may represent a client on his or her divorce or family law case for a flat fee. However, this is not the norm in a contested divorce or family law case because of the significant amount of time those cases may require from the attorney. In comparison, a simplified dissolution of marriage case may be one of those cases where an attorney may charge a flat fee.
Experts’ Fees Not Included Under Attorney’s Fees
If your divorce or family law case requires that your attorney use an expert, i.e., a forensic accountant, forensic economist, appraiser, vocational expert, etc., it is customary that the client will be required to pay for the expert’s services separately. Divorce cases involving large marital estates and business owners will require experts unless the parties have already reached an agreement.
Award of Fees to a Spouse
Many South Florida residents are hesitant to file for divorce because the disparity in financial resources between spouses makes it difficult for the married partner with less financial resources to afford comparable legal representation. However, Fla. Stat. Sec. 61.16 is designed to address this potential barrier to obtaining legal representation in a Florida marital dissolution (divorce) case. This provision directs a court to analyze a number of factors when determining whether the higher-earning spouse should contribute to the attorney fees of the lower-earning spouse’s attorney in divorce proceedings, as well as post-judgment proceedings, including appeals.
When there is a significant disparity in income between the parties, a Florida judge in a divorce case may order the spouse with the higher income to make periodic payments directly to the other spouse’s attorney to cover attorney fees based on the paying spouse’s ability to pay and the recipient spouse’s financial need. The purpose of this statute is to ensure the ability of the financially disadvantaged spouse to obtain legal representation in a Florida divorce proceeding. While a disparity in income is not the exclusive criterion, the ability to pay by one spouse and the financial need of the other spouse are the key considerations.
When a court orders one spouse to make a contribution to the other spouse’s attorneys’ fees in a divorce proceeding, the court must make factual findings to justify both the amount of the award as well as the payment terms. Factors that a court may consider when considering an advance of attorneys’ fees by one spouse on behalf of the other include the following:
- Higher-earning spouse’s ability to pay
- Financially disadvantaged spouse’s need
- History of the litigation
- Merits of each spouse’s position
- Whether the party seeking fees has engaged in vexatious litigation
This means that while the relative financial position of the parties to a divorce is the key factor in making interim awards of attorneys’ fees to the other spouse, the court may also consider the merits of particular motions or proceedings for which attorney fees are sought. When a motion or hearing is brought, which is frivolous and/or primarily intended to harass the other party, the court may deny an attorney fee advance to the other spouse despite the relative financial positions of the parties.