1. How to Get Through Your Divorce or Family Law Case
Without Losing Your Shirt
In this difficult economy, clients ask me frequently how to save money on a divorce. Divorce is often horribly expensive and can leave
both parties destitute. Additionally, there are some unscrupulous attorneys out there who will "churn" a divorce case making a fortune
in legal fees, but providing no real benefit to the client. For these sharks, a win is if the attorney's party ends up with two dollars, the
opposing party has one dollar, and the attorney has all the rest.
I can't lie to you, though; divorce can be very expensive even with the most scrupulous of lawyers. However, there are some ways to
watch and protect yourself from unnecessary fees. Here are some ideas that can help you navigate the legal system without losing
your shirt:
If possible, avoid court. Litigation is extraordinarily expensive. Aside from the expense of paying your attorney to sit in court and
fight it out with opposing counsel, you are paying even more for the preparation leading up to court. Discovery, motions, evidentiary
objections, legal research, appraisals, file organization, etc., all cost dearly in billable hours. The formalities of court that are there to
protect your due process all drive up costs. A well written trial brief can cost a client thousands. While there is no other option for many
parties, litigation should be a last resort. Before hiring your attorney, ask her what her philosophy is about settlement. Instruct him to
pursue settlement first. If your attorney just has knee-jerk standard operating procedures to make discovery demands, schedule
depositions and file motions without first seeking to obtain evidence informally, that is a huge red flag that you are about to drop a lot
of money in fees. In my practice, if a client has to go to court, I see that as a failure. It is always better if the parties can settle as much
as possible with using a judge. So be tough with your attorney and demand that she pursues settlement first. If you aren't satisfied that
settlement is a priority, consider moving to another attorney who will keep your costs down.
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Consider using a mediator. In mediation, the parties hire a neutral to help facilitate agreement. Mediation can be very cost-effective
because most of the procedure and discovery is informal. You won't need to involve your attorney except to obtain occasional advice
along the way. You and your spouse are in the driver's seat and the attorneys are on the sidelines. A good mediator will be able to
help you balance the interests of both parties and help you to find a settlement that you can live with. I always recommend that parties
obtain independent legal counsel in the cases that I mediate so that all decisions can be informed. However, you are only paying the
attorney for his time to advise you and not to prepare for trial. I have been mediating for years and have seen that the cost of a
mediated divorce is a fraction of the cost of my litigated cases. Typically, the total cost of the mediation fees for both parties is around
$5000 depending on the complexity of the case, whereas in litigation, $5000 may just get you started.
Consider Using Collaborative Divorce. In a collaborative divorce, the parties and collaboratively trained attorneys sign a stipulation
that they are not going to go to court. If either party chooses to go to court, both attorneys fall out of the process. As part of their
"divorce team", parties can choose to add mental health professionals who can act as a divorce coach or a child specialist as a
member of the team. In addition, parties can add a financial specialist to the team. The benefit is that all of the experts work together
with the parties in a team setting to reach a settlement. The outcomes are often superior to those achieved in litigation. Additionally,
there are tremendous economies of scale in using an attorney to do legal work only, a financial specialist to do the financial work and
the coach/child specialist to work on the emotional issues. You often get a better product for less money. Collaborative can be
cheaper than litigation if the parties can work together. The danger, however, is that if the parties do not work well together, the case
can fall out and all of the work done by the team (and their fees) would be lost. However, if the parties can be respectful and work with
the team honestly to achieve a better result for their transitioning family, the results can be tremendous.
Consider Using Limited Scope Representation. You can also choose to do a lot of the divorce work yourself and use an attorney
for limited purposes. For instance, you can hire an attorney to simply advise you on a case, not as your attorney of record, while you
represent yourself at court. You can also hire an attorney for purposes of negotiation only with the understanding that she will do no
court work. Other options include hiring an attorney only for a particular issue, such as child support or custody. Be sure to talk to your
attorney about these money-saving options. You may not need an attorney for every aspect of your case. Only pay for services that you
need.
While a divorce can be terribly expensive, it doesn't have to be. Remember, you are the boss and the attorney works for you. If your
attorney refuses to talk about options besides full representation, beware. Talk to your lawyer about costs. If a particular discovery
request is to go out or a motion is to be filed, demand to know why before the action is taken. You can direct your attorney not to take
a course of action, if you don't want to pay for it or don't find it necessary.
By Shawn Weber, Attorney and Mediator
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