Divorce after Twenty years together Community Group
I want to start something for those of us that were married for a long long time. I think that we face a little different issues than those who were dating for a few years or even married for shorter period of time. Being married for so long we have older children some have grandkids dealing with teenagers and their reaction to the divorice empty nesters dating after 40...
Sadly with long term marriages ending in divorce, expensive attorney fees are the norm. These divorces are typically more contentious because there are a lot more assets to divide up. Usually one party is trying to get alimony and child support and the other party is trying to minimize that. It can really rack up the billable hours for an attorney. I remember I used up my retainer 8 months into the process and was shocked.
You can speak to him, but it's not likely he will reduce his fee. On the other hand, if he is going to work hard to get you a really good settlement, he's probably worth every penny you're paying.
My attorney was very expensive, but she got me what I wanted so it was worth what I paid.
It's all a matter of perspective.
Sending loads of hugs!
I made sure he was paid. I will say that because I paid up every month he allowed me to hold off on some payments on the last hearing.
I will also add that if your atty. is sending detailed invoices you need to pay him because you have a good atty. Some of them don't do billing monthly and then you get the sticker shock of a huge bill just before you go to court. The most expensive part of your divorce is being done now. All the emails and gathering info is expensive. That info is telling him how to handle your divorce.
Just to let you know when you do go to court your atty. will probably charge from the time he leaves his office until he gets back. You do get what you pay for.
I wish mine was over because the price tag for it is killing me. I have been forced into borrowing from my father and i hate that, especially at my age i feel i should not need to depend on my fathers help!
But i do think i have a very highly skilled lawyer so i will keep him. I cant afford to not keep him, like some one said on here "divorce is the biggest business deal you may ever make" so i'm not going to scrimp with my future.
Oh well, we'll see what comes of it. I'm going to give it my best shot. Am taking a friend to the appt. with me. He is an excellent negotiator and has tons of experience dealing with lawyer, and he has offered to 'negotiate' for me. I'll update you tomorrow!
Its late here in California or I would try to look into the statutes for you, but if you have the energy for it before your meeting, try Googling "Lawyer code of professional ethics" or "lawyer represemtation agreement" or "lawyer duty to disclose fees" ( or any similar combination of key terms) for your jurisdiction (I assume each province has its own statutes, but I don't know that for sure -- maybe in Canada, there's a federal standard?)
Other billing issues -- billing in 15 minute units is pretty standard for many law firms, some bill in 10 minute units, and those like me who do court appointed appellate criminal defense in California bill in tenths of an hour. Whatever the unit, it means you pay for the whole unit as soon as your lawyer reads an email or listens to a voice message, etc, even if it only takes a minute. When you meet with him, make sure to get clarification about his firms billing practices, and then you can be careful about whether you want to shoot off a quick email, or whether there might be more cost-benefit in setting up a short in-person meeting.
One thing I do know from my ( blessedly brief) days of working in a high powered, high prestige law firm is that the clients who scrutinize their bills do much better than those who just write the check. So, don't be squeamish or embarrassed about asking for a detailed billing or just questioning things that seem unreasonable. For instance, if the billing statement says "phone calls" and you think the amount looks excessive, ask for a breakdown of phone calls by date and time. sometimes, just requestig more information will make the firm more amenable to reaching a compromise.
Good luck tomorrow!
As an aside, I personally recommend not to have anything left undone, in both your names, to be done at a later date. My X "refused" to do anything that he promised he would do after the divorce. He told my attorney that he would not do something because "JaMama is being irrational." My attorney assured me I was not irrational. SHe said he is furious because he cannot control you anymore. I was just settig boundaries, healthy ones. Good Luck.
Toward the end of the meeting, he subtlely brought in the fee structure and my lawyer was 100% ready with responses. My case was not 'typical' or 'standard' blah blah blah. My friend was very clear that I have a limited income, not working, am under duress etc. and have limited funds to spend on this settlement. He then introduced the idea of a 'set' fee for the whole file, when completed,and was so smooth about it he had my lawyer saying that he would be willing to discuss this at another time. I was very pleased.
After the meeting, my friend and I stepped outside to strategize next steps e.g. what my next settlement offer might look like and when we would discuss it in detail, and when we parted ways I popped back into the office to use the bathroom. My lawyer was speaking with his assistants, and grinned at me and said that I could 'use the bathroom and he wouldn't even charge me'!
Sarcasm - the language of defeat, or at least compromise!