ATTORNEY'S FEES

Prior to hiring any attorney, thoroughly discuss the fees of the attorney.  If you
have any questions about the fee agreement ask the attorney.  The client and
attorney should sign a written agreement, called an attorney-client contract,
defining the attorney-client relationship, setting forth the financial agreement
(retainer/flat fee and hourly rate), costs in addition to the attorney's fees (such as
filing fees, service fees, court reporter fees, etc.), and the billing practices of the
attorney.  Be certain to receive a copy of the contract and keep this for future
reference.

Service by the hour.  Most divorce attorneys charge for their services by an
hourly rate.  When a new client seeks the services of an attorney who charges
for their services on a hourly rate, the attorney will require the payment of a
retainer.  A retainer is a sum of money paid to the attorney as a security deposit
for their services which must be paid prior to the attorney beginning work on the
divorce.  The lawyer then subtracts the work completed by the attorney at the
attorney's hourly rate and all additional costs (for which the client is responsible)
from the retainer.

Retainer.  Illinois law strictly governs the handling of a retainer by an attorney.  
The attorney must place the retainer into a special trust account.  The attorney
will then withdraw funds from the retainer from time to time to pay for the costs
incurred by the attorney (filing fee, service fee, etc.) and services rendered by the
attorney.  Any portion of the retainer that has not been earned by the attorney
must be refunded when the attorney-client relationship ends.  If the
attorney-client relationship is terminated prior to the conclusion of the case,
either by the client or the attorney, the attorney is entitled to keep the portion of
the retainer covering the work performed by the attorney at the attorney's hourly
rate(including the opening of files, preparation of documents, research into
case law or the history of the divorce,etc.).  If the possibility of reconciling with
your spouse exists, inquire with the attorney as to the procedures required for
refunding of the retainer.  Some attorneys require the client to perform specific
tasks before receiving a refund of any "unused" portion of the retainer or will try
to keep a portion as non-refundable retainer.  Illinois law does not allow
attorneys to take "non-refundable" retainers for divorce cases.  

Prior to hiring an attorney, inquire as to what is expected once the retainer is
depleted.  Some attorneys will require additional retainers to be posted upon
depletion of the initial retainer.  Other attorneys allow client to make payments
with certain requirements being met by the client.  If a payment arrangement is
agreed upon, it is in the best interest of both the client and the attorney to
request a document, such as a letter, setting forth the agreement to alleviate any
possibility of future confusion.

Flat fee divorces.   A flat fee is the entire fee a client will pay for specific
services.  When receiving a flat fee quote be certain of the services you will be
receiving for the quoted fee.  Many flat fee agreements are deceiving and do not
include trials or costs (filing fees, service fees, court reporter fees, etc.).  Review
the contract to be certain whether you are being charged a flat fee or by the hour.
 If the attorney has quoted an hourly rate, the initial payment to the attorney is not
a flat fee but rather a retainer.  This means that the cost of the divorce may
exceed the initial retainer.  If you are unsure of the fee arrangement, review the
contract (as you should have received a copy from the attorney) or simply ask
the attorney to clarify the arrangement.


How much will the divorce cost?  Most divorce and family law attorneys require
retainers rather than setting a flat fee since it is almost impossible to accurately
predict the exact amount of both costs and attorney's fee.  Be cautious of any
attorney who states precisely what the client will pay in attorney's fees unless
the attorney is quoting a flat fee.  The exact cost of a divorce is unpredictable as
much of the cost depends on the actions of the spouse and the spouse's
attorney.  A major factor in determining the cost of the divorce is how much of the
divorce is disputed.  Some of the factors causing the cost of a divorce to
increase are: the number of documents the attorney drafts, the number of court
appearances, the number of phone calls between the attorney and client, the
complexity of the financial issues, and the difficulty in reaching an agreement on
custody and visitation issues.  


The attorney you hire affects the cost of your divorce.  Dawn Bradley Berry,
author of  The Divorce Sourcebook, states that the cost of a divorce is very much
affected by the attorney who hire.  Although an attorney who will fight to the death
for a client may seem appealing in the heat of the moment when the anger and
hurt are fresh, Berry cautions against this type of "barracuda" litigation.  She
further states that this is seldom the best divorce tactic and inevitably causes
unnecessary delays, runs up large bills, and adds to the turmoil already present
in every divorce.  Berry is not against litigation but states that there is a fine line
between fighting for revenge and fighting for fundamental rights.  She believes
that a good attorney will help a client to understand the differences between
standing one's ground on important issues and simply being stubborn.  
According to Berry, the best lawyer will "work hard to achieve a settlement that
satisfies the client's most important needs and concerns and will remain steady
to make a straightforward, dignified effort in court if necessary."  This type of
attorney will keep the turmoil to a minimum, resolve the divorce in the shortest
time possible, and keep the fees reasonable.


Policies of the Law Office of Angela Lund-Logan.  A retainer is required to be
paid on all divorce cases of Attorney Angela Lund-Logan.  The retainer is billed
against at an hourly rate subtracting all costs (filing fees, service fees, etc.) she
incurs during the representation.  Attorney Angela Lund-Logan has her clients
sign an attorney-client contract setting forth the details of the fee agreement.  All
retainers received by Attorney Angela Lund-Logan are placed into her trust
account with periodic withdrawals for her fees and costs in conjunction with her
billing statements.  She encourages her clients to discuss these billing
statements with her if any questions arise.  Attorney Angela Lund-Logan strives
to provide her clients with cost-effective legal representation.  
WEBSITE OF THE LAW OFFICE OF ANGELA LUND-LOGAN