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Attorney's Fees for a Tennessee Divorce

Memphis Divorce details Tennessee divorce law and many different family law issues. With offices in Memphis and Nashville TN, divorce attorneys and family lawyers with the Crone & Mason, PLC Family Law Practice Group provide specific reference information, including answers to many frequently asked questions. Copyright, Crone & Mason, plc, 2009. Please see Warning and Disclaimer.

Frequently Asked Questions

1. How are attorney's fees calculated?: The exact fee will vary with the services you require. Family law cases require many services and activities. Issues may include: separation, divorce, custody, visitation, alimony, child support, property division, valuation of assets, and attorney's fees and costs. Services may include: court appearances, research, investigation, correspondence, conferences, settlement negotiations with your spouse's attorney, preparation of pleadings and other legal documents, pre-trial discovery, trial preparation, and trial. You will also obtain advice concerning your assets, liabilities, income, expenses, insurance, taxes, and recommendations concerning property division and support. If a trial is necessary, the court has the authority to order one spouse to pay the other's attorney's fees in alimony, child support, and child custody matters. The amount awarded by the court will rarely pay the full amount of the attorney's fees.

By far, the most common method of calculating fees is charging for the amount of time required for each service. Hourly rates can differ dramatically. A greater hourly rate does not guarantee a superior service. Hourly rates range from $150 per hour to over $500 per hour. Some lawyers have different hourly rates depending upon the complexity of the case. The other method of calculating fees is the flat rate. A flat rate may be charged for the entire divorce or for a particular stage of litigation.

2. How much are court costs?: Court costs are approximately $250 - $500 if the case is totally uncontested. In addition, the court costs may be different among Somerville (Fayette County) Tennessee, Nashville (Davidson County), Franklin (Williamson County), and Memphis (Shelby County). If there are many motions or other hearings, the court costs could reach as much as several hundred dollars. Examples of other expenses can include court reporter fees, copies, subpoena service, expert's fees, court costs, deposition transcription costs, telephone toll calls, and other out-of-pocket expenses.
3. What is reasonable?: Each case is different, with fees ranging from several hundred dollars to over $100,000 in contested custody matters.

4. I went to one lawyer who said that he would charge a percentage of the settlement. Isn't this a good deal for someone without access to financial resources?: No. Contingency fees in divorce cases are suspicious and are subject to very strict requirements. Even if a person has a very large estate, this type of fee calculation is not a generally accepted practice.

5. The lawyer I selected asked me to pay a retainer. Is this appropriate?: Absolutely. Lawyers are compensated for their time and advice. There is an old saying that when a client pays a retainer, the client knows he or she has a lawyer, and the lawyer knows he or she has a client. However, always make sure your agreement with the lawyer is in writing.

6. How do I know if time charges are accurate?: Two very important things to look for are a written agreement or contract and detailed monthly billing statements or invoices. The written agreement should spell out in detail how time is billed and fees are calculated. The billing statements should be generated generally on a monthly basis and be detailed. There is no iron-clad way of knowing whether time charges are accurate, but insist on an itemized statement and compare the charges to time you know that was spent. For example, if you spoke to the lawyer for 15 minutes on February 20, make a record of the call and compare it with the invoice. If you are concerned, call your lawyer and ask questions. If you dispute the fee or are not satisfied with the response, put your reasons in writing and mail it to the lawyer. The lawyer is required by the ethical code of his profession to respond to your concerns and answer all questions directly. If the lawyer is evasive, hire another lawyer. If there is a major dispute that is not resolved, all states have boards that have the authority to discipline lawyers.

7. What can I do if I want to hire a lawyer but have no control over marital funds?: If your spouse controls the family's money, you may be entitled to ask the court for attorney's fees pendente lite, which means the court may order your spouse to pay fees to your lawyer at the beginning of the divorce. Discuss this with your attorney. This is a common situation, and while each case is different, the lawyer may have helpful suggestions.

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