365 Broadway, Suite 203.  El Cajon, California

Telephone (619) 447-6780  - E-mail:  Familylaw1@aol.com

1. Divorce - Contested vs. Un-Contested.         2. Child Custody.       3. Child Support.    4. Spousal Support.      5. Restraining Orders.    6. Challenging Restraining Orders (TRO).     7. Attorney Fees (who will pay) 8. Contempt Actions - Enforcing a court order.    9. Paternity Action.    10. Child Support Enforcement .  (DCSS and the District Attorney office)   11. Loss of Driver's License.   12.  Custody Evaluation .   12. Wage Assignment orders    13.  General common legal terms.   14. Legal terms used in a divorce proceeding.

    ATTORNEY FEES 

Unfortunately, especially in Family Law matters (divorce, child custody, visitation, domestic violence and support issues),  exact  fees are impossible to determine.  There are just too many factors to consider. Part of selecting an attorney to represent you is of course, how much will it cost me.  Unlike purchasing a car, or other material things, paying an attorney for legal fees that you may or may not have had any choice in, is something that doesn’t derive pleasure, however, fees are important and you should ask any attorney before retaining him/her.  The purpose of listing some of the most frequently asked questions here, is to provide you with general information to help you in determining what to expect to pay for attorneys.   You may contact the law office to arrange a consultation directly with Attorney Casey regarding the specifics of your case.

1. How much is the retainer?

Attorney’s requests for retainers vary with the style and practice of that particular attorney. Some attorneys attract clients by initially stating a low retainer.  Then, as services are provided, you probably pay the fees "as you go”.  However, the attorney may charge a higher hourly rate since payments occur over time.   Some attorneys request a larger retainer to ensure that most of the fees will be covered for their services rendered.  The best way to approach this, is to consider what your objectives are and the outcome you desire.  If you expect your case to be a highly contested matter, then you can expect to pay more for a retainer and attorney fees.

My office works to keep your retainer as affordable as possible. A reasonable payment plan is available in order for all individuals to have access to legal representation. After you provide my office with information regarding your case, the retainer is based on how complex the case may be; how difficult the opposing party and his/her attorney, if any, has been or may be; and if there is a long history of litigation. As a consumer, I encourage you to “attorney shop”, not only for the lowest fee, but even more important when dealing with Family Law matters, how comfortable you are in communicating with the attorney.  Through good communication, and a working relationship, the results of your case can be reached  in an effective way that could save you time and money. 

The benefit of being able to participate in the “PAYMENT PLAN” through the Law Office of David A. Casey, is knowing the amount of your payment each month so you can budget accordingly. There will be no unexpected lump sum payments. There are several payment methods available. The most convenient method is by utilizing your charge card. You can even authorize a payment conveniently through this very website! You can also request automatic monthly payment transactions either by direct withdrawal from your checking account, or by charge card. There are NO checks to write, no phone calls, no additional time required each month after the initial setup. The payment is automatically deducted and will show on each monthly billing statement. If you do not choose any of these methods, you may remit your payment via check or money order through the mail by using the convenient return envelope which is provided with your billing statement. If you do NOT agree to utilize a “Payment Plan”, all services provided each month are to be paid in full. If there is a large balance, a discount is available for those making total  payments in full.

AVERAGE FEES

The retainer fees listed here are an average of  the fees charged:

SUMMARY DISSOLUTION: $450.00 (plus actual cost-filing fee)

(Marriage less than 5 years, very little property, NO real property,  no children and the parties agree and sign documents)

DISSOLUTION (Divorce):

An average retainer for uncontested actions, minimal litigation, agreement of the parties, is approximately $1,800.00 plus the court filing fee.  Filing fees change frequently so be sure to call for exact fees.  Currently, the initial filing fee is  $300.50.

CHILD CUSTODY/VISITATION- There are many factors to consider when evaluating a child custody retainer. If you are seeking custody and you have not had custody, litigation will most likely be more complex depending on the opposing party. A motion is filed to either modify a current order or seek a new order. A retainer of $1,500 to $3,000 is not uncommon.

PATERNITY- A motion is filed to determine paternity. The testing is completed through a separate agency which usually costs anywhere from $400 to $600 or more depending upon the number of children. Once paternity is determined, custody, visitation and support issues are addressed at a court hearing. A retainer for the attorney fees is approximately $1,500 to $2,000.00 or even more.

ORDER TO SHOW CAUSE HEARINGS- These are motions prepared to either modify an existing order or obtain a new order for custody, child/spousal support, visitation, attorney fees, property restraints, move away issues, restraining orders, and other issues. Depending on your case, one or all of the above issues may be including in the motion. Again, the complexity of your case determines the retainer.  The average retainer is between $1,200 to $2,000 or possibly more.

DEPARTMENT OF CHILD SUPPORT SERVICES - District Attorney actions- Retainers are normally between $800.00 to $1,500.00.

CONTEMPT- Contempt actions are criminal in nature although related to your family law matter. Since it is a separate action from a family law matter you may already have filed, a separate retainer of approximately $1,800 to $2,500 is required.

There are many, many other possible actions your case may require, however, your consultation with Attorney David A. Casey can assist you in estimating an initial cost for the services needed to get your action started!

WHAT IS THE HOURLY RATE?

There is no set or required hourly rate that an attorney charges. Hourly fees are based upon experience, such as the number of cases, the length of service in family law, actual court time, and other factors. The most experienced attorney normally charges more per hour, however, less time is likely to be expended due to the knowledge and skills they possess.

The Law Office of David A. Casey charges $240.00 per hour. For support staff, legal assistant, etc., the rate is $90.00 per hour. A basic fee schedule is provided here to help  you determine how you might want to proceed. This is a excerpt from a fee agreement you will have the opportunity to review when retaining services. The purpose of this list of fees is to assure you that this office is “up-front” when stating fees for specific services.  How many of the services that may be needed in your case is the part that cannot be quoted exactly because it depends upon the actions of the opposing party.   Below is a sample of a family law fee agreement. Actual agreement may vary.

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Attorney fees: Attorney time will be billed on an hourly basis. Hourly rate is $240.00 (attorney time). Paralegal and legal assistant time will be billed at $90.00 per hour.

(a) Minimum billing time is in increments of 1/10 of an hour. You will be charged for all telephone communications to client (you), opposing party or attorney, or to third parties. Attorney will bill client for attorney review of any written correspondence, court documents, and other documents received by attorney through the mail, via fax or delivered to attorney's law office. The minimum review time billed to client is 1/10 of an hour (6 minutes); the minimum time billed for a letter is 1/6 of an hour (10 minutes) no matter how short the letter is. Client will be charged 15 minutes (at attorney fee rate) for a 100 word letter and charged 25 minutes per page of a letter which contains approximately 250 words. This time includes the dictation, review, correction, and signing of the letter. Sending letters are costly.

(b) To review documents, declarations, motions or calls, client will be charged by the hour or a fractional part of it. The minimum time charged is 1/10 of an hour (six minutes) no matter how short the review is. Settlement letters and court documents review, will take substantially longer.

(c) Certain items of routine work, which are based upon my accumulated knowledge and experience, will be billed at a set minimum time or actual time whichever is greater.

ITEMS * Represents most common charges, all items are possible. Minimum Time

(a)* * Petition or Response, and open office file, review questionnaire.       2.0 hours

(b)* * Order to Show Cause Hearing or court stipulation.                        2.0 hours

(c)* * Orders and OSC forms, Application or Response to OSC form       1/2 hours

(d)* * Preparation of Income And Expense Declaration                            1.0 hours

(e)* * Marital Settlement Agreement (first draft)                                     4.0 hours

(f)* * Judgment Packet (Dissolution of Marriage)                                   2.0 hours

(g) Demand For Documents (answer, 1 to 3 hours average)                      1/2 hour

(h) Interrogatories (or answers to Family Law)                                      2.5 hours

(i) Notice of Deposition or serve Form Interrogatories                            1/4 hour

(j)* * Disclosure answer (15 minutes - several hours)                             1/4 hour

(k) Subpoena Duces Tecum (business records)- form                              3/4 hour

(l) * Letters minimum 1/6 hour or minimum 25 minutes per 250 words

m) * Documents or letter sent to client for their record.                          1/10 hour

(n) * Order After Hearing (forms only)                                                1.0 hour

(o) * Waiver of Court Fees and Cost                                                  1/4 hour

(p) * Ex parte appearance, continuance appearance (minimum 1 hour)      1.0 hour

(q) * All other services not listed (including phone calls, review letters) at hourly rate.

(r)* * File each document with court (6 minutes). Proof of Service - (6 minutes)

(s) * Attachments to OSC, Writs or other court orders (40 minutes per page minimum)

(t) * Trial Brief (for short cause trial) (Trial prep time not included)         6.0 Hours

(u) * Declaration or attachments to OSC (40 minutes per page) average 6-20 pages (child custody more)

(v) * Trial time, hourly rate plus costs. ($2,000.00 must be paid 60 days prior to trial date for short cause trials. This is NOT covered by any payment plan. Trial dates will not be set unless payment is made). My office will not set motion for trial unless you are current in your payment and have paid the trial deposit.

(w)* * Disclosure packet required on all dissolution actions. (Form only, 1/4 hr)

(x)* * Schedule of Assets and Debts (billed hourly rate)

(y)* * Client is charged a flat fee of $25.00 for use of any computer programs for support issues.

A flat rate for court appearances is NOT charged, but a minimum fee is. My court appearance time will be billed on the basis of time actually spent, or the minimum time, whichever is greater. I do not bill the client for travel time up to 1/3 hour EACH WAY.

Litigation Costs: Litigation costs are NOT covered by a payment plan even though it will show on your monthly bill. These costs include, but are not limited to, photocopies (twenty five cents per page, color copies $1.00 per page), (court copies, fifty cents per page), fax fees- one dollar per page, long distance telephone charges, parking fees, mobile telephone charges, process server charges, courier charges, witness fees, deposition reporter and transcription fees, and investigators' fees, expert fees, jury fees. Attorney has the right to request payment in advance for these services and will require payment if filing in advance.

HOW MUCH WILL THE TOTAL ACTION COST?

It is impossible to give you an exact or even best estimate on a specific action. There are too many factors that can or may arise. There are cases that start out with both parties agreeing, then, one of the parties changes their mind and decides to litigate every issue. Of course, this adds to the cost of the fees. On the other hand, some cases start out highly contested, restraining orders, allegations, and there seemed to be no compromise in sight. Then, the parties decided to settle.  You will always be informed of options of what approach you can take in your case and what the costs might be.

JUST REMEMBER! YOU ARE CHARGED FOR TIME USED!

You are charged/billed for ALL TIME ATTORNEY SPENDS ON YOUR CASE. It does not matter if it is by phone, e-mail, fax, in person, or by reviewing documents, court appearances and the preparation of the necessary documents. BY telling your attorney ALL the facts, it saves you money in the long run, plus it ensures the best possible results.

ATTORNEY FEES AWARDS-

You may request attorney fees to be paid by or make a  contribution  from the opposing party.   If  your     income is less than the other party, there is a possibility that the court would award you  an  award. The amount awarded is discretionary with court. There is no hard-fast rule,  but  after you provide the facts, the probability of getting an attorney fees award can be determined but not the exact amount.

 

 

 

Any legal content contained on this website and links listed below  in in this web side are not intended to and  does NOT constitute legal advice.

Copyright ©2011 by Attorney David A. Casey.

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