Sometimes the retainer fee paid runs out before the case is completed. The divorce has become more involved or time consuming than originally anticipated, and ends up requiring more time than expected at the outset. Your lawyer is asking you to pay an additional retainer fee, and you suddenly feel like he or she is more interested in money than the progress of your case.
You should expect to pay for the time the lawyer spends, even if your case takes longer than expected. If your retainer has been exhausted, you need to make arrangements with the attorney to continue to represent you. When clients do not honor their obligations to pay fees, loyalties can feel divided. As the lawyer pressures the client to pay the fee, the client may perceive that the lawyer is no longer supportive. Going through a divorce with an attorney is a very personal process. It is not unusual for you to feel very close to your attorney and to feel like your attorney is even more than an advocate. You need to remember that the attorney is a paid professional, and is not representing you as a favor.
Generally, if lawyers are not being paid they can request to withdraw from your case. This kind of withdrawal requires the Court’s permission. Don’t put yourself in the position of begging the court to force your lawyer to stay on your case. You and your lawyer need to work as a team, and underlying money issues shouldn’t get in the way of your relationship. Meet the financial situation head on, and make an honest effort to abide by whatever payment arrangements you and your lawyer negotiate. Prepare yourself by understanding the divorce process. If you need some good books to read, see http://www.peace-talks.com/books.php.
In the event of a dispute concerning your fee, most local Bar Associations have fee dispute committees which will look at fee disputes and determine whether or not the fees charged were reasonable. By the time you get to the fee dispute board, you should question your choice of an attorney. If you are at such odds that you do not understand how the fees are billed or you don’t think your lawyer has earned the fees charged, you should hire a different attorney to represent you. It is very helpful to go into the divorce knowing what to expect so be sure to visit our resource center at http://www.peace-talks.com/resources.php.
Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.
For more information contact Peace Talks www.peace-talks.com
(C) 2008 Peace Talks Mediation Services, Inc.
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