Considering a career in law, or maybe just curious? Either way, you’ve likely pondered the question: how much do divorce attorneys make? Dive into this blog to explore the earning potential of these legal professionals, and discover the factors that can influence their salaries.
The Delicate Dance of Discussing Lawyer Salaries
Asking a person how much they earn for a living is what most people feel uncomfortable asking. We’re taught at an early age not to ask specific questions about other people: religion, politics, and money are foremost among them. Most people would hesitate before coming up to someone on the street and asking how much money they earn.
However, I think it’s pretty standard for people to wonder how much money attorneys earn in any given year. Lawyers are one of those occupations where so much attention is paid to them in the media, television, and movies that everyone seems to develop an opinion about attorneys and how much money we ought to earn. That’s fair, but what people think and the reality of the situation can be very different.
With all of that said, I wanted to talk with you about how much an attorney earns. More specifically, I would like to share with you some information about how attorneys bill their clients, how much your divorce could stand to cost you, and the degree to which the type of divorce your case is could impact the overall cost of your case.
Importance of Asking Questions in Divorce Proceedings
In the initial stages of a divorce, it is essential to be proactive in seeking information through pertinent questions. Ideally, one should begin this inquiry even before the divorce process commences. Understanding your financial constraints is paramount, as it will dictate your ability to engage legal representation for the divorce proceedings.
Selecting the Right Attorney
Once you have determined that hiring an attorney is feasible, the next critical question revolves around choosing the most suitable legal counsel to advocate for you locally. The ultimate cost of the divorce is often a primary concern for individuals without children or significant assets to divide.
Continuity in Legal Representation
Typically, the attorney engaged at the outset of the divorce proceedings will continue to represent you throughout the case. It is uncommon for clients to switch attorneys mid-case or for attorneys to relinquish a client’s representation.
During consultations with an attorney, it is prudent to inquire whether full-time legal representation is necessary for the entire duration of the case. In certain scenarios where issues are straightforward or uncontested, hiring a lawyer may not be essential. Opting for periodic consultations with an attorney could be a more cost-effective approach, especially for tasks like document drafting and negotiation guidance.
Drafting Final Divorce Decree
Alternatively, discussing with your attorney the option of engaging legal assistance solely for drafting the final divorce decree can be beneficial if you and your spouse have already agreed on the terms of separation. A well-crafted final decree is crucial as it provides clarity and enforceability to the terms agreed upon by both parties.
By asking pertinent questions and seeking appropriate legal guidance at various stages of the divorce process, individuals can navigate this challenging period more effectively and protect their rights.
How Does a Divorce Attorney Charge Their Clients?
Divorce attorneys typically charge clients by the hour, with varying rates for different employees within the firm. This means that the attorney’s hourly rate determines the fee for each hour of work on your case. At our law office, we bill clients by the quarter-hour, charging for each fifteen minutes of work. Attorneys, paralegals, legal assistants, and support staff all have different billing rates.
Unlike personal injury attorneys who often work on a contingency fee basis, family law attorneys do not charge clients this way. In personal injury cases, there is typically a set path from injury to settlement or verdict, making a contingency fee feasible. However, in family law cases, the path can be unpredictable, making a flat fee or contingency fee less practical.
Instead, family law attorneys often require a retainer fee and a monthly payment structure. This ensures that there is money available in the client’s trust account for work to be done on the case. Additionally, there is no payout from an insurance company at the end of a family law case, unlike in personal injury cases.
The unique nature of each family law case and the potential for different outcomes make an up-front payment and monthly payments a more suitable option for both clients and attorneys. This ensures that the attorney can dedicate the necessary time and resources to your case, and you can manage your legal expenses more effectively.
But What About Your Neighbor’s Divorce Who Looks a Lot Like Yours?
Comparing your divorce to that of your neighbor or friend can be misleading, as every divorce is unique. While your situations may appear similar on the surface, there are often significant differences that can impact the duration and cost of your divorce.
For instance, while your friend may seem to earn a similar income to you, it may not be as clear that she has no assets of any value while you and your spouse own some land, a significant amount of retirement income, and have a special needs child. These are issues that take longer to sort through than the “typical” divorce in Texas.
Another factor to consider is the level of contentiousness in your divorce. If you and your spouse have a lot of hate towards one another or have been emotionally harmed due to an act of infidelity, you are more likely to find yourself in a prolonged and expensive divorce. If you and your spouse both want to become the primary conservator of your children (to have your children live with you), this will almost guarantee a more prolonged and more expensive divorce.
On the other hand, you may find that your divorce is shorter and “easier” than your friend’s divorce because you and your spouse have made it a point to work together in an attempt to meet in the middle on the crucial issues of your case. I have represented clients who have come into the attorney-client relationship with a run-down of what the client and their spouse want to have in their final decree of divorce. All these folks have to do is attend mediation, draft a final divorce decree, and then wait for the required waiting time of 60 days to pass.
Contested Issues and the Length of Your Case Will Determine How Much Your Claim Costs
There are many issues at stake in even a typical, everyday divorce case. Spousal maintenance, child support, child custody, division of your community estate, and many others are all involved in a divorce case. If you and your spouse disagree on any of these issues, then your divorce will take longer and cost more money. Contrary to popular belief, attorneys do not attempt to create controversy and disharmony to charge more to clients. Attorneys are just like you- very busy. We would prefer to have a simple, uncontentious divorce because it’s best for you, your family, and our schedules.
For the most part, if you and your spouse can work together to solve the majority of the issues in your case, then your retainer would go pretty far- possibly even towards the very end of your case. The more your attorney has to get on the phone to call the opposing attorney; the more your divorce will cost. That’s not a function of your attorney driving up case costs. It’s a function of you and your spouse not being able to play nice in the sandbox.
How to Cut Into How Much Money Your Attorney Earns
I have a few ideas if you want to cut into how much money your attorney earns. Number one, learn how to be efficient in your communication with your lawyer. If you call the attorney ten times a day to communicate things that could have been said in one phone call, I’ve got news for you: you are being charged 15 minutes apiece for the phone calls. Your attorney is taking time away from other issues and other clients to speak to you. Start to become more intentional with how you communicate with your lawyer. If possible, share more with their support staff than with your attorney on minor issues.
Finally, it would help if you began to bury the hatchet with your spouse as early as possible. Yes, I understand that sometimes your spouse has done things to you that make this very hard to do. If there has been physical violence or harm done to your kids, I am not asking you to forgive your spouse. However, I am saying that to press hard on issues that are not important to you to prove a point is silly in the context of an expensive divorce. Stand up for your rights but keep things in proper perspective.
Questions about attorney fees and costs? Contact the Law Office of Bryan Fagan. If you have any questions about the costs associated with divorce cases in Texas, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week here in our office. These consultations are an excellent opportunity to learn more about our office and to have your questions answered by an experienced family law attorney.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
