When entering into a representation agreement with your attorney in a dissolution of marriage case, you will find that generally, attorneys charge for their services based upon an hourly rate and require a retainer to cover a certain number of hours of work on your case. Generally, the attorney will also require payment of additional retainers once the previous retainer has been exhausted. In addition to making sure the attorney’s fees are reasonable, the client should keep the following in mind before signing a representation agreement in a dissolution of marriage case:
1. The unearned portion of the retainer is generally refundable unless the representation agreement provides that it is non-refundable.
2. A court generally may not award an attorney’s fee greater than that contracted for between the client and his or her attorney.
3. Contingency fee arrangements are ethically prohibited in family law proceedings.
4. A representation agreement providing for a bonus fee to be determined based on results obtained in a dissolution of marriage case is considered a contingency fee arrangement and therefore is void and unenforceable.
5. In certain cases where the attorney and client have an express or implied agreement that payment of attorney’s fees will come from any recovery or proceeds of the litigation in the event of nonpayment of attorney’s fees by the client, the attorney is entitled to seek the award by the court of a charging lien against the client, which is a lien against assets received by the client as a result of the attorney’s efforts.
Hiring an attorney or law firm is an important decision which should be undertaken with great care. Be sure to review any proposed retainer agreement carefully before proceeding.