What is a Retainer Fee for a Divorce Lawyer? - YouTube

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One question I always get from clients, in meetings, even from friends and family is—
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Jenny, how much does a lawyer cost?
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It's a great question, but instead of giving you the typical lawyer answer of “it depends,”
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I'm going to explain the different structures of attorney’s fees and how they work.
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I'm Jenny Bradley, owner of Triangle Smart Divorce in Cary, North Carolina.
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There are two ways most attorneys charge for their services.
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Let's start with a flat fee. A flat fee is a set price for a specific service.
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You may be familiar with this if you've ever paid a lawyer to handle a traffic ticket.
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You pay the flat fee once, and that pays for all work on your case.
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The second way lawyers charge for their services is by retainer.
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A true retainer is a fee that is paid only to reserve an attorney’s services, not to actually pay
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for any of the work provided by the attorney.
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We don't do that at Triangle Smart Divorce. What we do and what most people call a retainer
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is actually an advanced fee deposit.
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You pay a retainer that we bill against until it runs low,
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and we ask you to replenish your retainer; this cycle repeats until your case is closed.
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And listen, there are going to be pluses and minuses to both payment structures.
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For example, many lawyers who charge flat fees make more profit when they settle your case quickly,
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so they can rush through and not get the best result.
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On the other hand, many people think lawyers working off retainers
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are going to drag the case out to keep charging you more money.
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Bottom line, you can be taken advantage of, no matter the billing structure,
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so you really need to focus on finding a law firm you can trust.
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Like I mentioned, at Triangle Smart Divorce, we work mainly on retainers
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or technically advanced fee deposits.
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Now some people call us and want to know exactly how much their case is going to cost.
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While we understand why you want to and need to know the cost.
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without getting all the specific details and researching the case,
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we really can't give you an accurate number.
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Think about a mechanic. They're not going to be able to tell
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you how much your car repair is going to
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cost until they get in there and look under the hood.
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And in a separation and divorce, we aren't just dealing with an inanimate object like a car.
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We also have to factor in your spouse's willingness to resolve matters,
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the other lawyer’s speed in responding and managing expectations,
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as well as who your judge is if you go to court.
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All of these things impact the cost, and some of them we just can't fully predict.
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That's why when you come to us, we quote the amount we feel will cover the first 60 days of your case.
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Some law firms quote for the first 30 days.
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Some do the first 90 days; 60 days is just the amount of time
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we found works for us and our clients.
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If your funds go low before the first 60 days, we’ll ask for more.
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If not, every billing cycle, you'll receive a new request for what we think the next steps are going to cost;
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and every replenishment amount may look different depending on what's coming up in your case
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and how much money is left in your trust account.
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If, at the end of your case, there's still money left in your trust account,
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we’ll cut you a check for the unused funds.
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We'll have you sign a retainer agreement before you pay us anything.
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That agreement goes into detail about all of this.
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It includes our entire legal teams’ hourly rates because we work together
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so that your time and funds are used smartly and efficiently.
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And so you get the benefit of the entire teams’ legal experience.
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The agreement also lays out any additional services this money might be used for
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as well as our process for billing our time and invoicing you.
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And you always have access to your account and can see every charge billed.
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As we say in our retainer agreement, every attempt will be made to perform this legal representation
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in the most cost-effective way possible.
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We're open and honest about how your money is being used to resolve your case.
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We respect our clients, and part of how we show our respect is making sure we're charging
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what's fair and explaining to you what we're doing in your case.
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For us, we find using retainers makes sure clients get exactly what they pay for.
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If you have any questions about how retainers work here at Triangle Smart Divorce
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or how we can help you, give us a call.