Legal fees divorce

servicecharge

Someone posted on here in relation to this. I won't give legal advice, just general as the thread was closed.

Paying fees upfront is common, paying a large figure up front is not. I would be concerned about a solicitors charging a large up front fee. What is large? Well I would say a routine divorce with maintanance issue might be around 5k.

If I had concerns I would ask for an interim bill of costs from my solicitor (this is a detailed bill and should run to over 10 pages listing every single letter, call, pleading etc). If he/she isn't prepared to give you one I would consider moving solicitor. When moving I would ask my old solicitor to have the bill 'taxed'.

You have an absolute right to this and it strikes the fear of god into dodgy solicitors. This is an independent assessment of your bill by a quasi judge. You can also have a legal costs accountant review your file, see someone like http://www.dfglegalcosts.com/


I would get a new solicitor who will agree a fee level and will advise you when that level is reached (lets say 1000). That way I could control spending.

Charlecote

Just came across this reply to my query re payment on account in a divorce case. Thank you. I've had no joy so far in getting an interim account from my solicitor. Have requested it 4 times now in writing and he is basically ignoring me. I've been advised - by the Law Society and others - to ask that my file is transferred to another solicitor but I don't have the money to pay a further lot of fees to someone else. It seems to be endemic in family law cases that solicitors charge these huge fees and there's no accountability. I met someone today whose undertaking research into the level of fees in family law cases versus assets. Fees seem to fall in a range of approx 10% to 20% of clients' assets. The whole process seems to be a lottery, between Judges who make a decision according to their mood on the day and solicitors who waste time trying to score points off each other writing letters back and forth that achieve nothing. Meanwhile clients trust that they will receive the best advice from people qualified to give it but, as in my case, it's not always true. I would advise anyone embarking on the process to pay nothing to a solicitor unless you get a detailed letter advising of possible fees in advance. My so-called Section 68 letter was a load of waffle basically advising that it was impossible to estimate fees as it would depend on complexity of the case and financial values. I now realise that such a letter is suppose to give details of hourly rate and an estimate of fees depending on whether a settlement can be reached or the matter goes to trial.

servicecharge

Sorry to hear.

I agree it is a real problem.

People need to be very specific when instructing a solicitor. I recommend that people say to their solicitor that every time €1000 in fees is hit that no more work is carried out until the client says so, and they know what the next 1000 is going to get them.

I also tell people not to use a solicitor that won't give an up front fee structure (or at least a decent estimate). Divorce shouldn't cost much unless there are serious problems in relation to hidden money, large assets or complicated child care issues.

If I can give an good estimate in such situations I don't see why other can't.

I also like to remind people they can have their legal fees independently assessed by the county registrar or taxing master, even mid way through. The county registrar is especially proactive at reducing fees (in Dublin anyway).