Q.1: If I want the best attorney, shouldn't I hire a large law firm at the highest cost?
A.1: The important criteria to keep in mind is what attorney will actually be working on the case. Why should someone pay a high attorney fee to have the case mainly worked on by an associate with only a few years of experience in family law? You should not have your case be the training ground for an attorney, especially if you are paying a top rate.
It is well known that young associates in a law firm to often work for relatively low wages while the "partners" in the firm make a substantial profit from the work.
There is typically only one attorney who is typically going to be in court to represent you. You want to make sure that the attorney doing the work in the office and representing you in court has a great deal of experience in family law in cases with your circumstances.
A large law firms often has a substantial commercial practice such as insurance defense that has little relation to family law. In this case, the fact that you have hired a large firm will have no relation to experience that the attorney you hire has.
Finally, a large law firm often has very high overhead costs for secretaries, paralegals, computer technicians and may have very expensive office space. These additional expenses may do little to assist you in your case.
Q.2: My spouse and I have a relatively high net worth. Will I be charged more than a person with much lower net worth?
A.2: Not necessarily. You should only pay for the work actually performed. In fact, it is unethical for an attorney to base their fee on a percentage of the assets in a divorce. In many circumstances, cases with a relatively high net worth can be resolved at a lower cost because the parties are more willing to settle. There is simply no reason for a client that has substantial assets to be unfairly charged.
However, additional assets can result in additional attorney work required as well as requiring additional costs. For instance, if there are a number of houses involved that are owned by the parties, additional work will be required to have the houses assessed as well as the additional cost of the appraisal(s).
Q.3: What are some general guidelines on how to select an attorney
A.3: You should select an attorney in a similar manner that you would select any other professional. You should assess first what you have at stake in your case. Are there visitation issues? Is there a civilian or military pension? Is there an issue of maintenance to be addressed? Is there child support that will have to be paid?
You should focus primarily on your assessment of the attorney's ability to represent you well in court and the most likely to obtain favorable results at a reasonable cost.
You should seek an attorney who has a minimum of 5 years primarily in family law who has handled cases like yours or very similar to yours in the past. For instance, if you are retiring from the military, you want to make sure your attorney has had experience with the division, or resisting the division, of a military pension.
Unless it is not possible, you want to meet the attorney personally and assess the attorney personally. Does the attorney have the time to spend on your case and take all the steps needed to protect your rights? Does the attorney regularly attend court and feel comfortable in the courtroom if a dispute arises? Is the case going to handled by the attorney or handled primarily by a secretary and/or paralegal?
Q.4: In paying a retainer, should I agree to a large non-refundable retainer?
A.4: Attorneys often have a non-refundable retainer when engaging a client. However, I generally do not use non-refundable retainers. I believe a fairer arrangement is to only charge the client for the work performed. If the attorney feels confident in his or her work, why should they be reluctant to refund the unused portion of the retainer?
Erik Bjornson Attorney at Law
Washington State Bar Association No. 25204
711 Court A Suite 114
Tacoma, WA 98402 (253) 272-1434Washington State Divorce Lawyer