Legal Question in Family Law in Virginia

I feel my divorce lawyer is charging me unfairly.

I retained a divorce lawyer in Virginia in Jan. '97. However, he was unable to proceed with with the divorce for one year (no-fault divorce clause in VA). My separation agreement was done by a different lawyer. I moved to Iowa after being separated from the Navy. I called to leave my new address in phone number in case they had to contact me. We haven't even been to court yet and he wants to charge me over 1200 dollars in a no-fault divorce. They have filed my complaint for divorce with the court, but I want to know if I can fire this turkey, dispute/not pay the bloated charges, and hire a new lawyer. The legal clinic that did my separation agreement does no-fault divorces for 299.00 as an example of how this guy is trying to rip me off..perhaps because I'm out of state now...what can I do??


Asked on 4/24/98, 12:31 am

2 Answers from Attorneys

John Maus Law Office of John R. Maus

Disputed lawyer's fees

This response to your posting is not considered to be legal advice or establishing an attorney-client relationship. Accurate legal advice can only be given upon a fuller statement of facts than is contained in your posting and, in this Office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement.

It is not uncommon for legal clinics to charge less for legal services than does a traditional law office. The clinic's advantage is volume; also, there may be some limitations on the geographic areas in which the clinic will represent you. This situation is similar to choosing to go to a private physician rather than a primary care or emergency room clinic where the service given is less personal, but cheaper. I regularly practice in rural central Virginia and my fixed fee for uncontested no-fault divorces is $1,000 plus costs. Usually, I get most of my fee up front because many people refuse to pay after the worok is done for a variety of reasons. If your lawyer is located in a high-rent area, $1,200 doesn't sound unreasonable.

You always have the right to change your lawyer and dispute the charges of your former lawyer. Sometimes, lawyers are reluctant to take on such cases because they see themselves as the next lawyer with whom you will be dissatisfied.

Good luck!

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Answered on 5/13/98, 9:27 am
John Hayes The John Hayes Law Offices

fee for divorce is low

I do not know how the attorney's work in Iowa or Virginiabut in California if you can get an attorney to do a divorcecase for $1200 you are lucky. Most attorney's charge an initial retainer of $3,000 just to get started. You statedthat the clinic did the intial paperwork for $299 they are a service not an attorney you have to pay extra for the Esq. behind a personsname. I do not think your attorney is overcharging you, but if you really feel wronged call another attorney in Iowa and ask him how muchhe would charge for the divorce. If he gives you a better deal all youneed is to hire him and have him serve a substitution of Attorney on your original attorney. And if he wants to pursue collecting his feeyou can ask the state bar of California for Mandatory fee arbitration. And they will decide if you owe him or not.

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Answered on 5/14/98, 8:45 pm


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