"The only client is a paying client," or so the saying goes.
There are various options for paying for your case, and your attorney will probably present you with one option only.
However, don't be afraid to ask if there are better alternatives available.
Here is a rundown of the more popular ways to pay lawyers.
1.
Payment of the money (all or most of it) up front As a client you should understand that many excellent attorneys do require their money up front, and for good reason.
The reason is that they've been burned in the past by clients who asked them to do work but refused to pay even when the client was happy with the outcome of their case.
When an attorney asks for all or a portion of the fee up front, remember that cases do take money to start.
There are filing fees, discovery fees, expert costs (if necessary), etc.
If you don't pay anything, the attorney must front these costs herself.
2.
Billing by the hour Hourly billing has the advantage of only costing you when the attorney is working.
The disadvantage is that hourly billing can add up if the case takes a long time.
Also, you don't know how much you will be responsible for when hourly billing is used.
It's kind of like handing someone a blank check.
I tried to avoid hourly billing, because by nature it encourages attorneys to take an unnecessarily long amount of time to execute the various stages of a case.
In my opinion, this temptation of hourly billing presents a potential conflict of interest between the attorney and the client, and the attorney must be honest to avoid the temptation presented by this conflict.
3.
Flat fee billing A flat fee is payable in its entirety up front or in installments.
Paying in installments is a great choice because the attorney gets some money to start, letting him know that you are serious about your case.
You, meanwhile, do not initially have to pay all of the money and so there is less risk that you will lose your money on a less-than-dedicated lawyer.
A flat fee paid in installments also encourages the lawyer to work as efficiently as possible to resolve your case.
There is no temptation to drag the case out (as there is in hourly billing), and the attorney can move on to the next case (and payday) once your case is resolved.
4.
Payment upon case resolution Usually this involves a contingency fee, where the attorney makes their money when you settle or win your case and receive money.
The fee is based on a percentage of the winnings.
While it is permissible to pay a divorce attorney at the end of a case, it is not permissible to pay a divorce attorney based on whether or not there is a successful divorce, or based on how much alimony or child support you receive.
The reason is that this type of payment scheme would encourage attorneys to do everything in their power to make sure you actually get a divorce from your spouse, resulting in more divorces.
The courts reason that more broken marriages are not good for society, and have thus disallowed the contingency fee in divorce cases.
Summary Be sure to choose a competent attorney and a payment method which you are comfortable with.
Divorce is stressful enough without you having to worry about additional money issues related to your case.
Each method has its pros and cons.
Weigh the ups and downs of each alternative before choosing your attorney.
Keep in mind that while many attorneys are willing to consider options when it comes to payment, don't expect every attorney to offer every option listed here.
Some only have one payment method.
Discuss your choices with your potential attorney, and I wish you the best with your case.