Legal Fees, legal fees, legal fees

I wanted to write in today about what we lawyers are known for -- charging legal fees(!). As you might be aware, clients are sometimes not very happy with the fees their lawyers charge. In the area of family law, I find that clients experience a "double whammy" in that they are (often)dealing with one of the most disappointing aspects of life (ie. separating from a spouse) and, at the same time, are needing to pay quite a bit of money to a lawyer to help them resolve the legal aspects of their case. I wholeheartedly agree that lawyers need to charge reasonable rates to their family law clients -- family law clients are not corporations with potentially deep pockets, they are individual members of society. I also think that clients need to be reasonable in their expectations of their lawyers and how fees are charged.

In general, lawyers charge on an hourly basis for all work they do on a case for a client. This means that if a lawyer spends a few minutes confirming something on the telephone with you, that lawyer will usually charge you for that time on the phone. (Of course, I know alot of lawyers, including myself, who don't charge for every last thing they do for a client.) It is important for clients to be aware of how much time they are spending on the phone with their lawyer and how much work they are allocating to the lawyer to do. If you want to keep your lawyer's fees down, here are a few tips:

1. Try and "batch" the ideas and issues that you want to speak to your lawyer about and then call your lawyer. In other words, minimizing the number of phone calls and e-mails with your lawyer will save you alot in legal fees. Ask questions and discuss issues in one sitting. Write down the legal advice that your lawyer provided you so that you are not discussing the same issues over and over again.

2. Some lawyers charge to simply play "telephone tag" with their clients or to listen to voice messages left by their clients. It is a good idea to set up dates and times to speak to your lawyer to avoid the "telephone tag" and the corresponding fees charged.

3. Understand that the more work the lawyer is in charge of doing, the more time the lawyer will take and bill you for. If you can volunteer to obtain some documents by yourself or do some non-legal work yourself, you will minimize the fees. Now, the lawyer cannot delegate "legal work" to you or assume that you will research the legal issues by yourself, but there are often items that you can help with.

4. Try and be organized regarding your documents. Ask your lawyer for a list of documents they need for their case, write this list down, and gather the information, and provide it to your lawyer in one batch. Your lawyer will be so impressed! If your lawyer has to nag you for documents, they will charge you for it.

5. Also understand that the more conflictual a case is, the longer it takes to resolve, and the higher the legal fees. If you are able to take some of the work off your lawyer's plate by discussing some issues with your ex-spouse, you will greatly streamline the fees. In a recent case I had, the other lawyer and I were mired in lengthy negotiations regarding how to resolve a particular legal issue. Our clients quickly discussed the issue together, determined how best to resolve it, and instructed us how they wanted it resolved. It was a brilliant example of clients taking the reins of the case and it saved them quite a bit of fees (and it put us lawyers in our places too!).

6. Review your lawyer's account carefully. Yes, sometimes lawyers (and their staff) make mistakes in their billing and it might cost the client.

A final note: Many clients initially ask me how much it will cost them and how long it will take to complete their case. Although I can give clients a very rough estimate of what the cost might be and how long their case will take to complete based on previous cases I have done, each case is very individual. Ultimately, how much a case will cost and how long a case will take to complete is dependent on how much work you do yourself and how willing you and your spouse are to work together to reach agreement quickly and efficiently. What I tell my clients is that I am committed to keeping them informed about their accounts every step of the way and am willing to discuss how the legal fees can be kept down.