Flat Rate Family Law Fees.
Why do attorneys always charge an hourly rate for family law cases? Many people going through the already challenging experience of a divorce are leery of seeking the advice of an attorney due to the unpredictable nature of being charged an hourly rate. Many choose to file pro se rather than risk running up high cost legal bills.
Some law firms have experimented with using flat rates for family law cases. Several options for flat rate services are available to couples seeking an uncontested divorce. Once the case gets more complicated, however, firms will switch to the hourly billing model. One Seattle area firm announced in 2010 that it would be offering flat rates for all family services. That same firm, however, appears to have dropped its family practice.
The problem with family law cases is that each case stands on its own. Some cases are more hotly contested than others. Divorce, in particular, frequently hits the parties’ emotional buttons. If the parties could easily agree on the issues that arise during a dissolution, they might not be getting divorced in the first place. A case may look at times as if it will easily settle, until unforeseen issues get in the way and it ends up deeper in litigation. This means more and more time billed to the attorneys.
Another problem with family law case flat fees is the potential for a conflict of interest. If a couple is sincere about keeping costs down, they may not want to hire two attorneys. But the attorney who is hired cannot represent both sides. He or she must seek the best interests of only one party. If problems arise that may affect the interest of the represented client, the attorney who is working for a flat fee may be placed an impossible choice between keeping properly serving that interest or limiting representation as it is likely narrowly defined in the retainer agreement.
In the end, your attorney should be aware of the need to keep costs down, but at the same time should be pursuing a course that sincerely meets your needs. Because every case is different, this likely means fees are determined on an hourly basis.
What are your thoughts?