365 Broadway, Suite 203. El Cajon,
California
Telephone (619) 447-6780 - E-mail:
Familylaw1@aol.com
1.
Divorce - Contested vs. Un-Contested. 2.
Child Custody.
3.
Child Support. 4.
Spousal Support. 5.
Restraining Orders. 6.
Challenging Restraining Orders (TRO). 7.
Attorney Fees (who will pay)
8.
Contempt Actions - Enforcing
a court order. 9.
Paternity Action.
10.
Child Support
Enforcement .
(DCSS and the District Attorney office) 11.
Loss of Driver's
License. 12.
Custody
Evaluation
.
12.
Wage Assignment orders 13.
General common legal
terms. 14.
Legal terms used in a divorce proceeding.
ATTORNEY FEES
Unfortunately, especially in Family Law matters
(divorce, child custody, visitation, domestic violence and support
issues), exact
fees are impossible to determine. There are just too many factors to
consider. Part of selecting an attorney to represent you is of course,
how much will it cost me.
Unlike purchasing a car, or other material things, paying an attorney
for legal fees that you may or may not have had any choice in, is
something that doesn’t derive pleasure, however, fees are important and you should ask any attorney before
retaining him/her. The purpose of
listing some of the most frequently asked questions here, is to provide you
with general information to help you
in determining what to expect to pay for attorneys. You
may contact the law office to arrange a consultation directly with
Attorney Casey regarding the specifics of your case.
1. How much is the retainer?
Attorney’s requests for retainers vary with the
style and practice of that particular attorney. Some attorneys attract
clients by initially stating a low retainer. Then, as services are
provided, you probably pay the fees "as you go”. However, the
attorney may charge a higher hourly rate since payments occur over time. Some attorneys request a larger retainer to ensure that
most of the fees will be covered for their services rendered. The best way
to approach this, is to consider what your objectives are and the outcome
you desire. If you expect your case to be a highly contested matter,
then you can expect to pay more for a retainer and attorney fees.
My office works to keep your retainer as affordable
as possible. A reasonable payment plan is available in order for all
individuals to have access to legal representation. After you provide my office
with information regarding your case, the retainer is based on how
complex the case may be; how difficult the opposing party and his/her
attorney, if any, has been or may be; and if there is a long history of
litigation. As a consumer, I encourage you to “attorney shop”, not
only for the lowest fee, but even more important when dealing with
Family Law matters, how comfortable you are in communicating with the
attorney. Through good communication, and a working relationship, the results
of your case can be reached in an effective way that could save
you time and money.
The benefit of being able to participate in the “PAYMENT
PLAN” through the Law Office of David A. Casey, is knowing the amount
of your payment each month so you can budget accordingly. There will be
no unexpected lump sum payments. There are several payment methods
available. The most convenient method is by utilizing your charge card.
You can even authorize a payment conveniently through this very website!
You can also request automatic monthly payment transactions either by
direct withdrawal from your checking account, or by charge card. There
are NO checks to write, no phone calls, no additional time required each
month after the initial setup. The payment is automatically deducted and
will show on each monthly billing statement. If you do not choose any of
these methods, you may remit your payment via check or money order
through the mail by using the convenient return envelope which is
provided with your billing statement. If you do NOT agree to utilize a
“Payment Plan”, all services provided each month are to be paid in
full. If there is a large balance, a discount is available for those
making total payments in full.
AVERAGE FEES
The retainer fees listed here are an average of
the fees
charged:
SUMMARY DISSOLUTION: $450.00 (plus actual cost-filing
fee)
(Marriage less than 5 years, very little property, NO
real property,
no children and the parties agree and sign documents)
DISSOLUTION (Divorce):
An average retainer for uncontested actions, minimal
litigation, agreement of the parties, is approximately $1,800.00 plus
the court filing fee. Filing fees change frequently so be sure to
call for exact fees. Currently, the initial filing fee is $300.50.
CHILD CUSTODY/VISITATION- There are many factors to
consider when evaluating a child custody retainer. If you are seeking
custody and you have not had custody, litigation will most likely be
more complex depending on the opposing party. A motion is filed to
either modify a current order or seek a new order. A retainer of $1,500
to $3,000 is not uncommon.
PATERNITY- A motion is filed to determine
paternity. The testing is completed through a separate agency which
usually costs anywhere from $400 to $600 or more depending upon the number of
children. Once paternity is determined, custody, visitation and support
issues are addressed at a court hearing. A retainer for the attorney
fees is approximately $1,500 to $2,000.00 or even more.
ORDER TO SHOW CAUSE HEARINGS- These are
motions prepared to either modify an existing order or obtain a new
order for custody, child/spousal support, visitation, attorney fees,
property restraints, move away issues, restraining orders, and other
issues. Depending on your case, one or all of the above issues may be
including in the motion. Again, the complexity of your case determines the retainer. The
average retainer is between $1,200 to $2,000 or possibly more.
DEPARTMENT OF CHILD SUPPORT SERVICES - District Attorney actions-
Retainers are normally between $800.00 to $1,500.00.
CONTEMPT- Contempt actions are criminal in nature
although related to your family law matter. Since it is a separate
action from a family law matter you may already have filed, a separate
retainer of approximately $1,800 to $2,500 is required.
There are many, many other possible actions your case
may require, however, your consultation with Attorney David A.
Casey can assist you in estimating an initial cost for the services
needed to get your action started!
WHAT IS THE HOURLY RATE?
There is no set or required hourly rate that an
attorney charges. Hourly fees are based upon experience, such as the
number of cases, the length of service in family law, actual court time,
and other factors. The most experienced attorney normally charges more
per hour, however, less time is likely to be expended due to the
knowledge and skills they possess.
The Law Office of David A. Casey charges $240.00 per
hour. For support staff, legal assistant, etc., the rate is $90.00 per
hour. A basic fee schedule is provided here to help you determine
how you might want to proceed. This is a excerpt from a fee agreement
you will have the opportunity to review when retaining services. The
purpose of this list of fees is to assure you that this office
is “up-front” when stating fees for specific services. How many of
the services that may be needed in your case is the part that cannot be
quoted exactly because it
depends upon the actions of the opposing party. Below is a sample of a
family law fee agreement. Actual agreement may vary.
****
Attorney fees: Attorney time will be billed on an
hourly basis. Hourly rate is $240.00 (attorney time). Paralegal and
legal assistant time will be billed at $90.00 per hour.
(a) Minimum billing time is in increments of 1/10
of an hour. You will be charged for all telephone communications to
client (you), opposing party or attorney, or to third parties. Attorney
will bill client for attorney review of any written correspondence,
court documents, and other documents received by attorney through the
mail, via fax or delivered to attorney's law office. The minimum
review time billed to client is 1/10 of an hour (6 minutes); the
minimum time billed for a letter is 1/6 of an hour (10 minutes) no
matter how short the letter is. Client will be charged 15 minutes (at
attorney fee rate) for a 100 word letter and charged 25 minutes per page
of a letter which contains approximately 250 words. This time
includes the dictation, review, correction, and signing of the letter.
Sending letters are costly.
(b) To review documents, declarations, motions or
calls, client will be charged by the hour or a fractional part of it.
The minimum time charged is 1/10 of an hour (six minutes) no matter how
short the review is. Settlement letters and court documents review, will
take substantially longer.
(c) Certain items of routine work, which are based
upon my accumulated knowledge and experience, will be billed at a set
minimum time or actual time whichever is greater.
ITEMS
* Represents most common charges, all items are possible. Minimum
Time
(a)*
* Petition or Response, and open office file, review
questionnaire. 2.0 hours
(b)*
* Order to Show Cause Hearing or court
stipulation.
2.0 hours
(c)*
* Orders and OSC forms, Application or Response to OSC
form 1/2
hours
(d)*
* Preparation of Income And Expense
Declaration
1.0 hours
(e)*
* Marital Settlement Agreement (first
draft)
4.0 hours
(f)*
* Judgment Packet (Dissolution of
Marriage)
2.0 hours
(g)
Demand For Documents (answer, 1 to 3 hours
average) 1/2 hour
(h)
Interrogatories (or answers to Family
Law)
2.5 hours
(i)
Notice of Deposition or serve Form
Interrogatories
1/4 hour
(j)*
* Disclosure answer (15 minutes - several
hours)
1/4 hour
(k)
Subpoena Duces Tecum (business records)-
form
3/4 hour
(l)
* Letters minimum 1/6 hour or minimum 25 minutes per 250 words
m)
* Documents or letter sent to client for their
record. 1/10 hour
(n)
* Order After Hearing (forms
only)
1.0 hour
(o)
* Waiver of Court Fees and
Cost
1/4 hour
(p)
* Ex parte appearance, continuance appearance (minimum 1
hour) 1.0 hour
(q)
* All other services not listed (including phone calls, review letters)
at hourly rate.
(r)*
* File each document with court (6 minutes). Proof of Service - (6
minutes)
(s)
* Attachments to OSC, Writs or other court orders (40 minutes per page
minimum)
(t)
* Trial Brief (for short cause trial) (Trial prep time not
included) 6.0 Hours
(u)
* Declaration or attachments to OSC (40 minutes per page) average 6-20
pages (child custody more)
(v)
* Trial time, hourly rate plus costs. ($2,000.00 must be paid 60 days
prior to trial date for short cause trials. This is NOT covered by any
payment plan. Trial dates will not be set unless payment is made). My
office will not set motion for trial unless you are current in your
payment and have paid the trial deposit.
(w)*
* Disclosure packet required on all dissolution actions. (Form
only, 1/4 hr)
(x)*
* Schedule of Assets and Debts (billed hourly rate)
(y)*
* Client is charged a flat fee of $25.00 for use of any computer
programs for support issues.
A flat rate for court appearances is NOT charged, but
a minimum fee is. My court appearance time will be billed on the basis
of time actually spent, or the minimum time, whichever is greater. I do
not bill the client for travel time up to 1/3 hour EACH WAY.
Litigation Costs: Litigation costs are NOT
covered by a payment plan even though it will show on your monthly bill.
These costs include, but are not limited to, photocopies (twenty five
cents per page, color copies $1.00 per page), (court copies, fifty cents
per page), fax fees- one dollar per page, long distance telephone
charges, parking fees, mobile telephone charges, process server charges,
courier charges, witness fees, deposition reporter and transcription
fees, and investigators' fees, expert fees, jury fees. Attorney has
the right to request payment in advance for these services and will
require payment if filing in advance.
HOW MUCH WILL THE TOTAL ACTION COST?
It is impossible to give you an exact or even best
estimate on a specific action. There are too many factors that can or
may arise. There are cases that start out with both parties agreeing,
then, one of the parties changes their mind and decides to litigate
every issue. Of course, this adds to the cost of the fees. On the other
hand, some cases start out highly contested, restraining orders,
allegations, and there seemed to be no compromise in sight. Then, the parties decided to
settle. You will always be informed of options of
what approach you can take in your case and what the costs might be.
JUST REMEMBER! YOU ARE CHARGED FOR TIME USED!
You are charged/billed for ALL TIME ATTORNEY SPENDS
ON YOUR CASE. It does not matter if it is by phone, e-mail, fax, in
person, or by reviewing documents, court appearances and the preparation
of the necessary documents. BY telling your attorney ALL the
facts, it saves you money in the long run, plus it ensures the best
possible results.
ATTORNEY FEES AWARDS-
