Divorce is stressful enough without the added burden of legal fees and worrying about them. So how do you know if you’re being overcharged by your divorce lawyer?
- Unclear or Vague Billing Practices
One of the biggest warning signs that you may be overcharged is when your lawyer’s billing is unclear or vague. Legal fees should be transparent and easily understood; if they are not spelled out clearly and fully in a lawyer’s representation agreement, it can make it easy or easier for an unscrupulous lawyer to overbill a client.
- Charges That Are Higher Than the Standards for Your Lawyer’s Area of Practice
Lawyer’s fees should align with the market. If your lawyer’s fees are significantly higher than the typical rate for other lawyers in that area of practice in your jurisdiction, you should raise this concern with your attorney.
- Charging for Simple and Routine Tasks, Repeatedly Charging for Minor Issues
While many of the fees your lawyer will charge you are necessary or warranted, your lawyer should not be charging excessive fees for simple and routine tasks. Even though repetitive charges may be small by comparison to other, less frequent charges, they can add up quickly. Be on the lookout for excessive small charges and for charges that do not appear to serve any clear purpose or make clear sense.
It’s common for divorce cases to involve multiple legal issues and negotiations, but a red flag occurs when your lawyer repeatedly charges for seemingly minor or administrative matters that should be part of your lawyer’s job. If you’re being charged for every small action or conversation, it may be an indication that your lawyer is inflating his/her billable hours.
You have every right to question charges that seem unrelated to your case or unnecessary to the progress of your case.
- Overly Complex Fee Structures
Some lawyers might use overly complicated billing structures to confuse clients or make it difficult to understand what you’re actually paying for.
- Unnecessary or Excessive Court Appearances
In complex divorce cases, court appearances are inevitable, but your lawyer shouldn’t be unnecessarily dragging out the process. If you notice that your lawyer is unnecessarily engaging in numerous hearings, you might be getting charged unnecessarily.
If you have concerns, you should ask your lawyer about the need for each court appearance or hearing. If your lawyer can’t explain why it’s necessary, or if it seems like your lawyer is unnecessarily escalating your case, it could be time to look for a more cost-conscious lawyer.
Protecting Yourself from Overcharging
Not every lawyer overcharges or even tries to overcharge, but overcharging can and does happen. Buyer beware. Overcharging need not happen to you, as long as you are paying attention to your lawyer’s billing.
If you have concerns over billing, you should raise those concerns—in writing—with your lawyer immediately.
Ask for a reasoned and transparent explanation. If the answer you get is not reasonable, seek a second opinion. If you still do not see a good reason to be paying the fees your lawyer is charging, you would likely be better off changing lawyers than asking your lawyer to reduce his or her fees.
If you feel like your concerns are being ignored, don’t hesitate to escalate the issue by requesting a formal billing review or consider finding another lawyer who is more transparent and communicative.
If your lawyer avoids your inquiries or brushes them off, consider seeking a second opinion or requesting a change in representation.
Utah Family Law, LC | divorceutah.com | 801-466-9277
