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This website is designed to provide only general information pertaining to family law matters in the state of Arizona. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Any information provided in this website shall not constitute legal advice nor establish any type of attorney client relationship. PERRY LAW FIRM, PLLC does not make any guarantee as to the accuracy or currency of any information contained herein or created through use of any link to another website contained in this website.
[CHILD SUPPORT] [DIVORCE] [GRANDPARENT RIGHTS]
[MEDIATION] [ORDER OF PROTECTION]
FEES AND OTHER FACTORS TO CONSIDER WHEN HIRING AN ATTORNEY
Seven Questions to Ask Yourself Before Hiring an Attorney
- Is Free or Low Cost Legal Aid Right for You?
We are not necessarily endorsing free or low cost legal aid for anyone, but at PERRY LAW FIRM PLLC, we know many people have no choice. Fortunately, there are pro-bono assistance groups, law school clinics, legal services, and legal insurance programs to assist people who are unable to afford an attorney. Unfortunately, getting help from these groups is often difficult. If you find it necessary to obtain free or low cost legal aid, we recommend that you seek the services of a genuinely interested professional by utilizing the following resources:
- Legal Services & Law School Clinics
If you are in a low-income bracket, you may be able to obtain free or low-cost legal services through a "legal services" office, or through a clinical program at a law school in your state. These can usually be found by checking the yellow pages in the county where your matter will be handled.
- Private Legal Services & Insurance
Many large employers provide legal assistance for their employees. Additionally, private legal insurance policies can now be purchased offering free or reduced fee legal services in a variety of areas. However, if you are contemplating buying legal insurance, we caution you to read the policy carefully to see what kinds of legal matters are covered or excluded, what co-payments are required, and whether you are able to select your own attorney.
- Pro Bono
Most attorneys, including PERRY LAW FIRM PLLC, periodically take cases on a pro bono basis, particularly if the issue involved in the case is of interest to the attorney and is significant to the public interest.
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- Is a Free Consultation Right for You?
You should be wary of firms who advertise "free consultations" just to get you in the door, but spend the entire length of the free consultation trying to sell you on the services of their firm rather than answering your questions. Or, they might vaguely tell you what claims you "might" have and offer to explain in more detail when you come back for a second (paid) consultation. This is not how we, at PERRY LAW FIRM PLLC, do things.
Some attorneys will offer free initial consultations to anybody who is in the market to actually hire an attorney. Most of these attorneys will set a strict time limit on the initial meeting and use that time only to gather background information from you, explain their fees, and sell their services. In some firms, for example, the first 30 minutes is free. This gives you and the attorney a chance to meet each other, but does not provide enough time for free advice. When your free 30 minutes is finished, the attorney will suggest that you come back for a second (paid) consultation. If you are seeking a free consultation only to get free legal advice rather than seeking an attorney to represent you, your time will probably be better spent going through a legal aid service.
In the larger law firms, the "free consultations" may be handed off to inexperienced associates. In smaller firms, your "free consultation" may be handled by a paralegal or legal assistant. In almost every firm, large or small, a "free consultation" is used primarily as a selling tool, and the free consultation time will be spent trying to sell their firm. Young attorneys just starting out or seasoned attorneys needing business may feel they are cash-poor, but time-rich, and hungrily offer fee consultations in the hope that such a strategy will win them some business. If you are considering scheduling a free consultation with an experienced attorney who has enough spare time that he can, or needs to, give away his time for free, you might ask yourself, Why does this attorney have so much free time? Again, if you are seeking a free consultation only to get free legal advice rather than seeking an attorney to represent you, your time will probably be better spent going through a legal aid service. Some attorneys will answer a quick email or offer a free telephone consultation. At PERRY LAW FIRM PLLC, we often receive emails or telephone calls from individuals seeking free legal advice. We cannot, nor will any other reputable attorney, answer questions or give legal advice via email or telephone without being first being provided some background or other personal information. We have no way to know whether or not the person is who he or she claims or is already represented by another attorney. Second, we cannot provide legal advice without conducting a conflict check. If an attorney offers free telephone consultations or engages in a free email consultation with you, be certain that you are dealing with an ethical, reputable attorney.
At PERRY LAW FIRM PLLC, we try to answer many of your questions on our website-if you don´t find the answer you are seeking, please call-we´ll be happy to add your question to our frequently asked questions. Whether you need an experienced, qualified attorney to simply answer a few questions or are looking for a skilled attorney to represent you in your matter, remember the adage, "you get what you pay for." At PERRY LAW FIRM PLLC, we caution you not to expect a reputable, private attorney to give you free legal advice, to give you a free second opinion when you are already represented, or to spend his or her time teaching you how to represent yourself.
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- Should You Ever Pay a Consultation Fee?
One of the most helpful services an attorney can provide to potential clients is the consultation. There are some attorneys who charge a nominal fee for an initial consultation. If hired, this fee often gets applied to the retainer fee in the case of a flat fee arrangement. For attorneys who bill hourly, it is fair to expect to be charged for your initial consultation. Reputable family law attorneys almost always bill hourly and typically will not do a free consultation. A good initial consultation should provide the client with a great deal of information and most family lawyers charge their ordinary hourly rate for them. At PERRY LAW FIRM PLLC, we discount the initial consultation and strive to answer your questions and provide you with the guidance and legal advice that you need. To do so, we must spend enough time with you to understand your situation, your needs, and your goals.
At PERRY LAW FIRM PLLC, you will be asked to pre-pay our discounted rate for an initial one hour consultation with our attorney. You need not worry if the consultation lasts a bit more than an hour. Our attorney will encourage you to take enough time to ensure that you are getting your questions answered and that you understand your rights and legal options. Important goals for an initial consultation with PERRY LAW FIRM PLLC include making you feel comfortable, determining the unique problems you face, learning the circumstances of your case, and obtaining necessary information to evaluate and plan your case. We take great care to help you choose what course of action is best for you and your family. At any time during or after the consultation, you may request our firm to represent you in your legal matter.
If you are considering hiring PERRY LAW FIRM PLLC, the initial consultation provides an excellent opportunity for you to become acquainted with the entire professional team, who will be assisting you throughout your matter. The initial consultation is confidential and subject to the attorney-client privilege.
Every case is different, and as a result, legal expenses will vary greatly from case to case. While it is impossible to predict exactly how long a case will take, every reputable attorney will try during the initial consultation to give you an estimate of how much time your case might take and what you might expect to pay in attorney´s fees, expenses, and costs.
At PERRY LAW FIRM PLLC, our attorney enjoys meeting and visiting with you in person; however, it isn´t always feasible or even possible for you to come into our office. In those situations, we are pleased to be able to offer a telephone consultation. A telephone consultation is just like a regular consultation, except for the fact that it occurs over the telephone. The same discounted consultation fee applies and must be paid in advance.
If you are seeking a consultation with a family law attorney, you are probably undergoing an emotional and stressful time in you life. Though it will be difficult, you will need to sort out your emotions from the facts in order to proceed because in family law matters, the court will use a rational, business-like approach. If you are willing to pay for the advice of an experienced family law attorney, you should have no problem finding an attorney who is willing to counsel you on the relevant issues of your case and willing to try to help you approach your situation with reason rather than emotion.
Many people are surprised by what they learn during an initial consultation because they don´t anticipate all the factors involved in their case. At PERRY LAW FIRM PLLC, we are trained to apply the law to your particular situation and to work with you to get the best results possible. You won´t get a free consultation at PERRY LAW FIRM PLLC, but you will get what you pay for an informative consultation with your best interests in mind.
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- What Attorney Fees Should You Expect to Pay?
Attorney fees are the costs of legal representation that an attorney´s client incurs. Attorney´s fees, including billable hours, flat fees, or contingent fees are assessed in a number of ways and should be set by contract in advance of any representation.
In some jurisdictions, in a civil case, an attorney can take a case on a contingent fee basis. A contingent fee is a percentage of the monetary judgment or settlement. Other jurisdictions prohibit contingent fees as entirely unethical, and most jurisdictions in the United States (including Arizona) prohibit working for a contingent fee in family law cases; as made clear in Rule 1.5(d) of the Model Rules of Professional Conduct of the American Bar Association and Rule 1.5(d) of the Arizona Rules of Professional Conduct.
A deposit paid to an attorney prior to representation is called a "fee deposit" or in some instances a "retainer." A retainer is an amount paid to secure representation when a client engages a law firm, and may be "earned upon receipt" (or non-refundable). At PERRY LAW FIRM PLLC, your fee deposit is fully refundable, after being reduced by any charges for work performed on your case prior to issuing the refund. We require that clients maintain all or most of the fee deposit balance at all times during representation. At the conclusion of your matter, the fee deposit balance is refunded.
In many law firms, when your case goes to trial or hearing, you might be expected to make an advance deposit for anticipated trial and trial preparation fees. Your attorney will discuss with you the specific amount of additional fees and costs, if any, that will be required in advance of trial.
At PERRY LAW FIRM PLLC, and any other reputable law firm, the fee arrangement will be discussed prior to commencing representation, and a written Fee Agreement will be presented to you for your consideration and signature.
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- How Much Will Your Case Cost?
In general, at PERRY LAW FIRM PLLC, we charge by the hour plus expenses and only rarely perform fixed-fee work, except for certain small tasks that are predictable in scope. Thus, the cost to you for our services is determined by how long it takes us to do whatever you have asked us to do.
The amount of time it will take to resolve your particular case depends a lot on how easy it is for the parties to agree. If one or both parties are completely unreasonable, the fees in your case will probably increase dramatically. Examples of factors that might lead to higher fees include:
- Highly contested child custody or visitation
- Alimony and child support involving complex issues such as self-employment, an under-employed party, or a party whose income suddenly changes dramatically.
- Property issues where the assets might be difficult to value.
Although estimating the total cost of your case may be difficult, at PERRY LAW FIRM PLLC, we strive to balance cost-effective legal services with meritorious results. Your case will be evaluated based on the unique facts and circumstances involved in your matter. The more we know about the facts and circumstances of a case, the better we can anticipate and help manage legal issues and their related costs.
Undoubtedly, you can find attorneys who have lower rates. But we know of many instances when our experience, knowledge of the law, and experience with the court system has allowed us to obtain a favorable result for our clients at significantly less cost than an attorney with less passion and experience.
Ultimately, you are in control of how much your case will cost. There are usually opportunities to settle, although sometimes the settlement terms appear unacceptable. But the terms of the settlement should be weighed against the cost of further litigation. We will advise you regarding the choices, but the ultimate decision as to whether you should continue to litigate is always up to you.
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- What Billing Practices Will Your Attorney Use?
The billing process is different at different firms. Typically, your attorney will use one of the following billing agreements:
- Evergreen Agreements
This is a common attorney fee agreement. It requires the client to make an initial refundable deposit. That deposit is placed in a trust account established (in cooperation with the Arizona State Bar) for clients. As your attorney works on the case, funds are withdrawn from that account to pay for services. Clients must replenish that account each month so that it retains a minimum balance equal to the deposit amount. Again, the deposit amount varies from case to case and firm to firm. At PERRY LAW FIRM PLLC, our clients receive a billing statement each month describing the work performed and the amount of time needed to complete each task. Clients are expected to replenish their accounts upon receipt of the billing statement. The balance of the trust fund is returned to the client upon separation from the firm.
- Contingency Fee Agreements
Under this type of agreement a firm receives a portion of whatever is recovered on behalf of their client. Upon completion of the case, the attorneys are paid their share plus any costs they may have advanced to the client. Clients typically get the balance. In Arizona, family law attorneys are prohibited from working on a contingency fee basis.
- Flat Fee Agreements
These agreements are typically used when attorneys know with reasonable certainty how much time will be expended to complete their given task. They are typically used to draft a document or letter. Time is not accounted for under these agreements because attorneys are not paid by the hour, but instead are paid for the specific services rendered. Monthly statements are not used in flat fee agreement matters. In general, at PERRY LAW FIRM PLLC, we charge by the hour plus expenses and only rarely perform flat fee work, except for certain small tasks that are predictable in scope.
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- What Other Factors Should You Consider When Selecting an Attorney?
Because nothing will influence the outcome of your case more than your choice of the attorney who will represent you, there are a number of important issues other than fees to consider when selecting an attorney. Always look for expertise, experience, and passion.
- Look for an experienced lawyer who practices mainly in family law.Many custody cases are lost because the attorney is unfamiliar with the intricacies of family law.
- Look for an attorney with both experience and passion. One brings knowledge, maturity, judgment, and wisdom to the table; the other brings commitment, intensity, enthusiasm, and compassion.
- Look for an attorney who is willing to begin serious settlement negotiations immediately. The longer your case takes, the more it costs. An attorney who can reach a reasonable settlement quickly can save you thousands of dollars in legal fees.
- Look for an attorney with litigation experience. Settlements are not always possible, and if your case goes to trial, you want an experienced trial attorney who knows what the judge wants to hear and what kind of evidence to present in your particular case.
- Be wary of hiring an attorney who claims they can handle your case for a fixed amount of money. Unless yours is an amicable, uncontested divorce and you and your spouse have already settled every single issue, there is simply no way to predict the unknown. After that "fixed amount" of money runs out, the attorney may lose interest in your case.
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- Bonus Tips - Hiring a Family Law Attorney
If you are seeking a family law attorney, you are probably already in a very stressful situation. Finding the right attorney and knowing the right questions to ask can make an already stressful situation a little overwhelming. Three tips to make the process more productive and less painful:
- Your Homework Prior to Scheduling an Initial Consultation
Begin compiling a list of questions and review your list regularly. Think about your short and long term goals; decide what you can and absolutely cannot accept; prioritize your list so the most important concerns are at the top of the list. Start organizing any records you believe will be pertinent in your matter (i.e. bills, tax records, bank and retirement account statements, etc.). Keep a copy of every document received from the Court or the opposing party´s attorney. Start keeping a journal if there is any history of domestic violence or concerns about the opposing party being a fit parent. Take copies of everything to your initial consultation--keep the originals for yourself. When you are prepared to sit down with an attorney, read lawyer ads in the yellow pages, conduct internet searches, and ask for referrals from friends. Find out as much as possible about the attorney you select prior to scheduling the consultation.
- Be on Your Best Behavior At the Consultation
Arrive early; turn off your cell phone; and don´t bring the children. Compose yourself and have your list of questions in front of you at all times. Arriving a little early will allow you time to take a deep breath, blow your nose, and prepare for the business at hand. Your attorney will expect you to be emotional, but a lengthy display of excessive tears or rage will waste valuable time that the attorney could otherwise spend discussing your legal rights and options. Use your list of questions to help you stay focused and stay on track, but don´t be looking forward to the next question on the list while your attorney is answering the last question. Listen, listen, listen, and make occasional notes. You are probably paying for the attorney´s knowledge and advice--listen to what he or she has to say.
- Make Sure You Understand the Fee Arrangement
A family lawyer will want to discuss your particular situation prior to offering an estimate on the legal expenses you might expect to incur. However, toward the end of your initial consultation, the lawyer should know enough about your case and your expectations to be able to provide you with some figures. A complex case will be much more difficult to predict than one without children, significant assets or debts, etc., but the lawyer can certainly quote his or her hourly rate and the hourly rate of any support staff, and can also tell you what fee deposit (or retainer) will be required up front. In family law, flat fees are seldom quotes except in the most simple of matters. Ask about a payment plan. Make sure you can afford the lawyer prior to signing a fee agreement.
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As your attorney, we will always be available to answer any questions specific to your case. The above information is general in nature and nothing herein should be construed as legal advice. Please call our office at 480-491-5152 if you desire additional information or wish to consult privately with an attorney, or click here to contact us online.
[CHILD SUPPORT] [DIVORCE] [GRANDPARENT RIGHTS]
[MEDIATION] [ORDER OF PROTECTION]
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