Robert B. Relph Family Law Blog on Lawyers.com

THE NECESSITY FOR HAVING A FEE AGREEMENT BETWEEN THE CLIENT AND ATTORNEY

Wednesday, June 17, 2009 by Robert B. Relph

You should never hire an attorney in a family law matter (or any other matter) without having the attorney prepare a fee agreement for your review. This fee agreement should cover at least the following issues, and may cover more:

The amount of the retainer, the hourly rate, what the hourly rate applies to (examples are research, investigation, drafting documents, conferences, telephone calls, travel, and court appearances.)
Whether the retainer you pay is refundable or non refundable should the attorney not earn the monies through the hourly rate.
Whether you are paying for extra expenses to administer your file, such as copy costs, facsimile costs, postage, long distance telephone costs and mileage.
How often you can or will be billed (usually monthly).
The consequences for failing to pay the bill, including interest, and/or the right of the attorney to withdraw from your matter for nonpayment.
Circumstances under which your communications with your attorney are confidential. Logic dictates that not everything you tell your attorney is kept confidential, as your attorney must advocate for you in part by use of information you have given to your attorney. Your responsibility is to provide your attorney with accurate documents and information.
Most fee agreements contain a statement that the attorney is making no promises or guarantees regarding the outcome of the client's case, but will exert his/her best effort at all times to represent the client's interests and rights.
How long the attorney is required to keep your file after the conclusion of your relationship.

You should thoroughly review any fee agreement presented to you by your attorney, and feel free to ask questions about terms or conditions in the agreement which you do not understand. By signing the agreement you are signing what amounts to a binding contract with your attorney, a contract which should not be one-sided and should be beneficial to both of you. Needless to say, you should have a copy of the agreement your sign.

Attorney Robert Relph practices family law including separation, child custody and divorce in grand rapids Michigan. Visit our website at http://www.relphlaw.com or call toll free 1-877-622-6959 to schedule a consultation on your case.

Posted at 15:06 PM

Topic: Family Law