QUESTION:
What is an "uncontested divorce" in the Rhode Island Family Court System? I keep calling attorneys to ask for the total cost of a basic uncontested divorce in Rhode Island and I keep getting asked by the lawyers I call what do I mean by a basic uncontested divorce. Shouldn't they know what it is?
ANSWER:
Good question. Here's the problem. If you are calling for the price for one then shouldn't YOU know what it is you're asking for a price for?
I'm not being sarcastic, talking down to you, or belittling you in any way.
The truth is that you have an excellent question. Here's the predictament most lawyers will have with your question. If the lawyer doesn't have a set fee for what the lawyer refers to as an uncontested divorce then how can he or she give you a quote? The answer. The lawyer can't.
It might surprise you that most lawyers do not have a set flat fee price for an uncontested divorce because your idea of what an uncontested divorce is versus what it may take to accomplish an uncontested divorce from beginning to end. If you think an uncontested divorce involves one set of things and the lawyer thinks it involves a different set of things then how can the lawyer give you a price for something that is in your mind that he or she doesn't know.
Consider this Example:
John wants to divorce his wife Margaret. John calls to get a quote from Attorney Snittle. John tells the attorney that he and Margaret have agreed to everything and will put it in writing. They both just want it done as quickly as possible and need an attorney to take them through the process. John asks Attorney Snittle for her charge for this basic uncontested divorce. Let's imagine that Attorney Snittle actually tells him that it should only cost him $1,000.
John comes in with $1,000 and retains Attorney Snittle's services. Attorney Snittle is clear that she charges $200 per hour against the $1,000 but if it is as he said then the estimate should be close.
Here's what happens though. John's wife Margaret evades service of the divorce papers and Attorney Snittle has to spend extra time tracking Margaret down. She also has to spend more time dealing with the constable to get Margaret served. Attorney Snittle asks John to have him and his wife put down in writing and signed before a Notary Public the settlement agreement John and Margaret made and had signed. John says there isn't one. John expected Attorney Snittle to draw it up for both of them and take care of the signing formalities. Attorney Snittle believed based upon John's representations that John and Margaret had that covered. Now John asks Attorney Snittle to draw up an agreement for him and his wife. Attorney Snittle now has to interview John regarding every aspect of their assets, debts, children, etc... in order to prepare the agreement because she has to be able to give John proper legal advice. Attorney Snittle also needs the information to prepare the divorce agreement.
Eventually the divorce is completed amicably. However, Attorney Snittle reasonably gave a price of $1,000 but it was based on incomplete information. John gets billed for $1,625.00 based on the Attorney's hourly rate agreement. John claims he is being swindled because he was quoted $1,000 for a basic uncontested divorce and now he is being over charged.
Yet Attorney Snittle was substantially misinformed or was not thoroughly informed by John. John just wanted the fast quote and that's what he got but his case was not a basic uncontested divorce to Attorney Snittle. Why? Because in Attorney Snittle's estimation a basic uncontested divorce does not include a spouse evading service of process. It also doesn't involve the attorney drawing up the agreement between the parties when she is lead to believe that the parties have already completed their divorce settlement agreement in writing, or that they will put their divorce settlement agreement in writing on their own without additional time by the attorney. Attorney Snittle provided a quote based on incomplete information and Attorney Snittle was required to do more work because of John and his wife, not because Attorney Snittle is dishonest.
So what did John think? Did he think a basic uncontested Rhode Island divorce includes taking care of service of process no matter how difficult it is or how much time it takes on the attorney's part to get it accomplished? It sounds like he did. Yet Attorney Snittle never said anything like that.
What else did John think? Did he think that the attorney always prepares the divorce settlement agreement in a basic uncontested divorce? It certainly seems like that, doesn't it! Attorney Snittle didn't promise that and was told by John that they agreed on everything and they'd even put it in writing.
See the trouble that can occur if the person asking is not on the exact same page as the lawyer.
The fact is that there is no true definition for a basic uncontested Rhode Island divorce because every couple is different, every case is different, every attorney may have different understandings of it, and neither John nor Attorney Snittle can predict what the other spouse is going to do or not do.
I could give you 3 to 5 different definitions that different lawyers have for their understanding what an uncontested divorce consists of in Rhode Island and they would all be different and have all different estimates.
In this case John believes he was cheated and Attorney Snittle probably believes that John is being unrealistic because he knows the extra work that she had to put into his case. She may have been able to resolve it amicably, but issues that were not within her quote caused more time to be required and she did the work for that time and still got the case resolved amicably.
An uncontested divorce can be one that is understood by everyone as a case being filed by one spouse and not being opposed by the other spouse. However, the amount of services that it takes to get that unopposed divorce resolved is rarely the same each time. Unless the Attorney knows the whole story and the prospective client and the attorney are on the same page about what is and what is not included in the entire divorce proceeding or quote given then the quote is worthless.
Therefore, if this is your method of shopping around for a lawyer to handle your uncontested divorce in Rhode Island Family Court, you need to consider quite a bit more factors and reconsider the manner in which you search for the lawyer.
My Best to All of You Going before the Rhode Island Family Court,
I am Attorney Christopher A. Pearsall, and
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Isn't your life, and your peace of mind in a divorce worth $145 to get the facts and know your options? If not, why call an attorney at all?
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One Reason Rhode Island Divorce Lawyers Bill Against Retainers Provided by Divorce Clients?
Rhode Island Divorce lawyers have strayed away from being good-hearted and accepting payment arrangements and smaller retainers from divorce clients.
Why?
Well, one reason is far from greed. This story explains one major reason why most Rhode Island divorce lawyers bill against retainers and more and more are asking for larger retainers.
* * Attorney Goodheart's Story * *
Attorney Natalie Goodheart was an experienced Rhode Island divorce lawyer. When Clementine D. Vorce called Attorney Goodheart and explained her story, Attorney Goodheart was appaulled and entered into an agreement to represent Clementine for roughly a 40% reduced hourly rate.
Attorney Natalie Goodheart was true to her name and didn't hold Clementine strictly to their written fee arrangement. Instead, Attorney Goodheart focused on Clementine's needs rather than her own pocket and wasn't sending her a bill every other week despite the mounting hours because Clementine's needs were more important.
It was not your typical case. Sydney had filed suit claiming that he and Clementine were married. Clementine's position was that she wasn't married to Sydney. Yet Attorney Goodheart believed that Clementine was correct when it clearly appeared that Sydney simply was angry the relationship was over and wanted part of Clementine's assets despite his failure to contribute substantially to those assets during their relationship.
Unfortunately this particular Rhode Island divorce case became more difficult as it continued. This was not due to Clementine but due to Sydney wanting more and more from Clementine's assets.
Attorney Goodheart's work hours started mounting up on the case so from time to time she was forced to ask Clementine for a payment against all the hours that hours she was working.
Still, the Rhode Island Divorce attorney kept working for Clementine sometimes without asking for a payment for months despite the increasing hours.
Finally, Sydney forced the Rhode Island divorce to a trial. Attorney Goodheart warned Clementine that a Rhode Island divorce trial would be costly to prepare for and undergo and could cost between $10,000 and $20,000.
Attorney Goodheart and Clementine had already made several offers to resolve the issues present in the case but they were rejected. Clementine was understandably fed up. Clementine informed Attorney Goodheart that she would rather pay her to fight through the Rhode Island divorce trial than to make even one more offer to resolve the case.
Attorney Goodheart prepared extensively for the trial and unlike many cases this was a common law marriage allegation so in the end there would be a winner.
When the dust cleared Attorney Goodheart had won for Clementine. The Rhode Island Judge found there was no marriage and denied and dismissed Sydney's claims.
Attorney Goodheart's prepared the final bill for her representation at the reduced amount of 60% of her normal fee. In addition, she decided to offer to write off another $4,000 if Clementine paid the bill in full in 30 days.
Clementine's response was not the positive one Attorney Goodheart expected, especially in light of their "win" at trial.
Clementine offered to pay Attorney Goodheart 40% of the entire bill as payment in full. Attorney Goodheart was upset by her client's inability to realize what she was already offering yet she agreed to meet Clementine halfway by writing off approximately 50% of her bill.
Attorney Goodheart was astounded by the response. Clementine once again offered Attorney Goodheart the same offer after picking apart the Rhode Island Divorce attorney's performance during the case and the trial and clearly indicating that Attorney Goodhearts services were only worth 40% of the entire bill.
In the end, Attorney Goodheart decided that she wasn't about to let that much work go unpaid. A Notice of Appeal to the Rhode Island Supreme Court was filed and Attorney Goodheart terminated the attorney/client relationship and gave notice that she intended to collect on the entire debt.
This is on reason why Rhode Island Divorce lawyers bill against retainers and are more and more being less "Good-hearted" and requiring higher retainers.
There are many people who don't pay their divorce lawyers for the good work they do, even when their fees are reduced and the divorce lawyers agree to take a big hit on their fees.
Several Rhode Island attorneys who had the tendency to be "good-hearted" have shared with me that being "good-hearted" just landed them 3 times more clients that don't pay them than the ones that do and their receivables were huge. These attorneys lost several times more money than they make without the ability at tax time to reclaim any of their unpaid hours which may be lost forever.
Many RI divorce lawyers have learned that being good-hearted often leads to bankruptcy because the lawyer needs to be paid and good intentions of clients don't pay very many bills.
The fact is, many lawyers are not fat cats with condos, summer homes, boats, planes, large bank accounts, etc..... Some attorneys make much less than clients simply because clients won't pay a good-hearted attorney's bill.
Clients who don't pay their divorce attorneys cause a circular pattern which increases fees and causes rates and retainers to rise.
Perhaps derrogatory jokes about lawyers should end and jokes are more appropriate for the deadbeat clients who cause the polycentric problem of higher retainers and rates that attorneys need to charge to survive.
Yet for those of us who retain an optimistic hope, we are willing to work for a reasonable legal fee for clients who will actually pay our bills.
Authored By:
Christopher A. Pearsall, Attorney-at-Law
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Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.
* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.
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Posted by Attorney Christopher A. Pearsall on May 06, 2011 at 07:18 AM in Affordable Legal Advice, Attorney Morality & Integrity, Billing Issues, Client Complaints, Commentaries, Common Law Marriage, Divorce & Affordable Help, Divorce & Assets, Divorce & Attorneys Fees, Divorce & Marriage, Divorce & Questions, Divorce & Trials, Divorce Attorney Fees & Costs, Divorce Costs & Expenses, Divorce Court, Divorce Hearings and Trials, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Settlements, Hourly Rates, Retainers, RI Common Law Divorces, RI Common Law Marriage | Permalink | Comments (0) | TrackBack (0)
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