In this blog, I’m going to talk about what makes family law cases so expensive. In a later blog post, I’ll discuss how to save money in your family law case if you’re working with a lawyer.

So what makes family law cases so expensive?

In a word, it’s time.

That’s because it’s how family lawyers charge by the hour for your case unless you have an “Alternative Fee Agreement.” (More about that here)

Here’s how time-based billing works:

Family lawyers have an hourly rate they multiply by the amount of time they spend to create your bills. According to the most recent survey, the average hourly rate for an Oregon family law lawyer is $275. The rate can be lower or higher depending on how experienced your lawyer is AND where you are located (lawyers in big cities tend to charge more than lawyers in smaller cities or rural areas).

Time is tracked, generally, in tenths of an hour (6-minute increments) and rounded UP.

So let's take some examples:

• a quick email that takes 2 minutes. This time is tracked as .1 or one tenth of an hour. It will cost $27.50 at the average rate ($275 x .1= $27.50).;
• a 20 minute phone call to discuss something your spouse/coparent/partner did. This time is tracked as .4 (rounding up from .3 which is 18 minutes). It will cost $105 at a billable rate of $350 ($350 x .4 = $150).  
• a one-hour hearing. Assuming your lawyer prepares for an hour and if their contract includes travel time (check your contract) of  25 minutes to and from court, this time will be tracked as 2 hours and 50 minutes or 2.9. It will cost $1,015 at a billable rate of $350/hour.

It adds up quickly, especially if any of the factors below apply to your case:

#1 How long it takes your case to finish

Every month that your case is open is another month that your lawyer must (to do a good job and according to ethics rules and professional standards):

• monitor your case and tell you what is going  
• handle emails and calls from you, the other side and the court  
• respond to what the other lawyer does (such as discovery requests, motions (usually in writing and by going to court).

So, the sooner your case is done, the sooner your legal bills end.

#2 The level of conflict during your case

If you are in conflict with your spouse, co-parent, partner or “ex” any of these, it’s more likely that

• no one is sharing records or information needed to get the case settled or to trial. The lawyers must spend time repeating requests, following up or going to court so the judge orders cooperation. This takes time and delays when settlement or trial can happen – see #1 above 
• there are disagreements about how things are being handled on a temporary basis which end up in court as motions 
• settlement talks are difficult or not happening at all. This means a trial is necessary. Trials take hours to attend and usually 2-3 times as long preparing for them.

#3 The number of issues in your case (directly related to #2)

If you haven’t been able to find solutions and settle any parts of your case, you’re going to have to leave it to a judge to decide for you. Each issue will require 

• time to gather evidence and witnesses to prove facts about that issue
• legal research and argument to convince the judge your position on the issue is the right one
• time to prepare your case and present it at trial 

#4 How often you communicate with your lawyer and for how long

Clearly, it is important for you to talk to your lawyer so you can give them information about your case and get information from them.  There is a pretty steep learning curve for most people the first time they go to court, including learning about

• the process (how it works) 
• the law (your rights and responsibilities)
• the strategy to resolve your case

Your lawyer also has a learning curve at the start of your case while they learn about you, your family and the circumstances in your life.  Add to this the time you need to discuss what happens as your case goes along – such as requests for information from the other lawyer, motions to the court to decide something while you wait for trial.  

#5 How complicated your circumstances are

Obviously, the more complicated your case, the more time will be spent –either to figure out a settlement or to take the case to trial. Complications can include

• finances – either because of how much or how little your family has
• property – the type of property you have, how much
• children with special needs that can’t be crammed into a standard parenting plan
• addiction, mental health or domestic violence problems.  

Not only does that take more time, it may require experts at trial to explain the facts to the judges such as business valuators, forensic accountants, child professionals, etc.

What This Means For Your Oregon Family Law Case

Now that you understand why family law cases get expensive, you can see if and how these factors apply to your case.  Talk to your lawyer to make sure you’re clear about how she or he will track time, their rate and any costs they charge you for expenses.  Ask them what they recommend you can do to keep your legal expenses under control. 

In the next post/video, I’ll talk about general ways to lower your bills when you have a lawyer.

If you want information about how to handle your case with limited scope attorneys, click here.