Consultation Process
The Consultation Process for Family Law Clients in Howard and Montgomery Counties
Experienced attorneys serving clients Fulton, Columbia, Bethesda and Rockville
One of the most important steps in the process of choosing a family law attorney is attending the initial consultation. There, you will meet with the attorney who will represent your best interests and fight for your future. While every client is different, many have the same concerns and questions at the start – and one of those concerns is the initial consultation fee.
McCabe Russell, PA, like almost every other prestigious family law firm in Maryland, charges a fee for initial consultations. There are fewer relationships that are more important than your attorney-client relationship and the initial consultation is your opportunity to make sure you feel comfortable in our hands and, conversely, for us to make sure you and your unique circumstances are a good fit for our firm. Usually, we will be retained at the conclusion of the consult, but occasionally the fit requires a referral elsewhere or, in some instances, the client simply needed information as they are navigating their life circumstances. Here, we will explain not only the consultation process, but why we charge fees, and why those fees should not affect your decision to choose us to represent you in your divorce, custody hearings, modification requests, or any other family law matter.
The three main types of attorneys’ fees
Generally speaking, unless your lawyer is working pro bono (i.e., for free), you will be charged for his or her services in one of three ways:
- Contingency fees. These fees are the preferred method of personal injury and medical malpractice attorneys. When a case is taken on contingency, that means the attorneys do not get paid until your case settles or wins at trial. Then, the attorneys not only take the costs associated with your case out of your award, but also an additional percentage for their fees. Social Security Disability and workers’ compensation rates are also contingency-based, though the states or federal government may set the rate. In Maryland, family law cases cannot be done on a contingency fee basis.
- Flat rates. Attorneys who handle elder care planning, estate planning, and, on occasion, some transactional business law matters usually charge one flat rate: X services for Y amount of dollars.
- Billable hours. Here, attorneys bill for their time by the hour. This method is most often used by family law and divorce lawyers, criminal defense lawyers, and corporate attorneys.
Heather and Molly were amazing and helped guide me through an emotional divorce every step of the way, including COVID delays and complications. I was very pleased with the settlement and highly recommend them.
What is a retainer?
A retainer is a kind of prepayment for services rendered. Think of it like paying a lawyer’s hours in bulk: rather than get a weekly or monthly bill, a client pays a deposit up-front to cover the cost of a set number of hours or services. In some cases, court costs – like filing fees or fees for expert witnesses – may also be pulled from the retainer.
All retainer contracts should outline what services will be performed. Clients receive updates of how and where that money was spent. Retainers are kept in a separate, protected account so that there is a clear accounting of where the funds go. The retainer should not be misconstrued as the totality of costs for any given case; if the funds run out or below a set threshold before the case concludes, you will be asked to deposit more money into that account.
Are there different types of retainers?
Generally speaking, our firm typically separates retainers into two types: negotiation and litigation. The reason for this is that litigation requires more time and resources, thereby accruing greater costs. Additionally, the ethical rules for withdrawing from a matter in the event of a breakdown in the relationship between attorney and client require a court order to terminate the representation. As such, a client who comes to us for litigation services will almost certainly pay a higher retainer.
A negotiation retainer, however, is one reserved for clients who need transactional assistance (like updating an existing legal document), are seeking mediation, or who are hoping to avoid litigation. Because the time involved for these services is usually less than for litigation, the retainer is typically less.
What if we didn’t plan on litigation, but it moves in that direction?
Life sometimes throws us curveballs. In such cases, we will need to do a new retainer agreement that reflects the shift in the course of the work before we officially enter the litigation phase. Whatever monies were deposited into the account can be used, but you will likely need to deposit a greater amount for future services.
Why do you bill for family law services by the hour?
On occasion, we may perform certain types of work for former or current clients at a flat rate, but the majority of our work is billed by the hour. The reason for this is twofold:
First, we cannot claim a percentage of an “award” from our clients. It is not as though we could take, say, 35% of your alimony payments for the rest of your life.
Second, every case is unique, and therefore requires different levels of work. Modifying a child custody agreement already in place is quite different from guiding joint business owners through a divorce and division of assets. As such, a flat-rate fee would be impossible to determine. Because of the type of work we routinely do for clients with high-asset, complex divorce proceedings, it would also be unfair to a client who wants to change his or her custody agreement (with the wholesale agreement of his or her former spouse) to charge the same fee.
Why do you charge a consultation fee?
We understand that some lawyers offer free initial consultations.
What we do is different. Consultations with our lawyers take at least an hour. During this time, you will sit down with one of our attorneys to discuss your needs, review your financial records, and analyze what problems or issues may arise in the future. Depending on your exact circumstances, you may be given information about additional resources that can help you, or the names of outside experts who can assist with areas of your life that could be affected by your divorce, but do not typically fall within the purview of a divorce attorney. We invite you to learn more about what happens in the initial consultation – and beyond – by reading about Our Process.
This process takes time and work, and that is what the one-time consultation fee pays for: our time, efforts, assistance and legal advice. If you retain us, the fee is like an investment into our services on your behalf. If you choose not to work with us, then you have paid for honest legal advice that you can use in the future, however you see fit.
Finally, we take our role as protector for our clients very seriously. Time spent in an initial consultation with a potential client is time we cannot spend working on the cases of our current clients. Charging a consultation fee also helps us discover who is serious about seeking a solution to their issues, and who is simply looking for free legal advice. We know what our services are worth, we know what we can do, and we know how our clients feel about us; after all, the majority of our clients come from referrals from previous clients.
Think of it this way: no plumber will ever come to your home for free, explain exactly how to fix your leaky pipes, and then leave without securing the job for him or herself, right? That is because his or her time is valuable, and his or her services are worth the investment. We know that our services are, too.
Choose a divorce and family law attorney best suited to your needs
At McCabe Russell, PA, our clients’ goals are our goals. We aim to alleviate as much stress as possible in the divorce process through constant communication and one-on-one support. We help you restructure your family in a way that is healthiest and best for you and your children. To learn more about our services, or to reserve your consultation time, please call 443-812-1435 or fill out this contact form. We maintain offices in Fulton, Columbia, Rockville and Bethesda to better serve the Howard and Montgomery County communities.