Attorney Contract Question????

This_Train340i · 2024-11-22T18:35:08+00:00

Appeals are rare in divorce cases so don't worry about it. Ancillary motions means separate cases with a separate case number, like if you get hit with a DV charge or a TRO. See if you what work you can do on your own because that will save you money. For example, the financial disclosures. Ask your attorney how he would prefer it to be organized and do it yourself. Otherwise, you might get hit with a $2500 bill for organizing your discovery into a neat little book, with dividers and tabs, a cover page and binding ... all unnecessary.

pk2at · 2024-11-22T16:19:31+00:00

Its standard, even simple motion to continue or changing trial date are separate fees. This is how attorneys make money and is why I advice men to DIY. Its a great strategy to run the other party out of money and ask her to settle for peanuts

RevolutionaryLaw8854 · 2024-11-22T16:16:54+00:00

If you’re going to an appeals court. You’ll have blown through your retainer plus another $20,000.

Slowloris81 · 2024-11-22T15:06:24+00:00

This is standard language in attorney engagement agreements. It’s fine. The lawyer is just making clear, consistent with how they do all other agreements, that you’ll need to execute a separate agreement if there is any appeal. An appeal is completely separate from TROs, motions, trial, and any other issue in the trial level court.

The option to appeal to the appellate court typically only comes up at the end of the case, after a final judgment is entered. They are pretty rare in family court cases.

AlwayzzRight · 2024-11-22T14:57:18+00:00

Fearful I could be in that 10% as we previously agreed to 50/50 custody of our kids without getting attorneys and now she has back tracked and wants them 5 nights a week with me getting them every other weekend, and one night a week for a few hours. That is unacceptable to me and want to see my kids 50% of the time and she is standing on that not happening. Has anyone had a situation like this where thier ex agreed to 50/50 before there is a trial. Money is no object to her, she makes 4x the amount I do and I could barely afford the retainer.

Boring_Worker_5655 · 2024-11-22T14:57:12+00:00

This is standard language in a retainer agreement. The fee that your lawyer is charging is for litigation in the trial court level, which is what you need. You need an attorney who will file the petitions, disclosures, work to try to settle the matter and if settlement doesn’t happen will go to trial. That’s what your attorney will do.

Hypothetically if you went to trial and were unhappy with the outcome, you could choose to appeal your case to an appellate court. Your attorney is not an appellate lawyer and this contract provision that you are worried about says just that. She won’t handle an appeal of the trial.

Family law trial appeals are very rare and usually only happen where the value of the community property is high.

So you should be good to go!

Feisty_Elderberry_96 · 2024-11-22T14:37:39+00:00

I think that's just saying if it goes to trial and then to an appeals court - you and this lawyer would have to have a new retainer agreement.

Maybe ask if the retainer and hourly rate is higher if there's an appeal?

90% of divorces do not go to trial. I imagine an even small % got to appeals. Mine divorce was agreed upon the day before our trial date....

Title	Attorney Contract Question????
Author	AlwayzzRight
Upvotes	0
Comments	20
Date	November 22, 2024 2:30 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1gx93kv/attorney_contract_question/
Archive Link	https://theredarchive.com/r/Divorce_Men/attorney-contract-question.1536549 https://theredarchive.com/post/1536549

Comments