#1030
Sarah MillerLawyer

    Flat fee retainers are appropriate when a lawyer is retained for a specific task and the amount of work that will be required can be roughly determined in advance.

    We understand that most clients want certainty and predictability with their legal fees, and we may offer flat fee agreements for specific tasks, such as providing independent legal advice on an agreement or preparing a written agreement for a client. We also offer unbundled legal services (aka limited scope retainers), which means that we will only help you with the specific task(s) that you ask us to handle, and you will be responsible for all other tasks. This enables clients who are on a budget to have more control over the amount of billable time their lawyer will spend on their file.

    In our experience, flat rates generally benefit lawyers and are not in clients’ best interest for several reasons:

    • The flat rate charged is often the clients’ worst-case-scenario. For example, the standard flat rate fee for a desk order divorce is often in the range of $1,500 – $2,500, but divorces can usually be completed with well under $1,000 in legal fees.
    • The lawyer is going to be paid the same amount whether their work is exceptional or poorly done. Flat fee retainers give lawyers a financial incentive to put as little time and effort into their work as possible.
    • If unexpected work is required, the lawyer will often tell the client that an additional payment is needed because the additional work does not fall within the scope of the retainer.

    Unfortunately, uncertainty in family law is unavoidable and the amount of time required to properly represent a client throughout their case may vary based on many factors, such as:

    • the level of conflict between the parties,
    • the amount of correspondence we receive from the opposing party or his/her lawyer,
    • the amount of correspondence we receive from the client,
    • the number and length of documents that we are required to review,
    • research, if the case is complicated or if the law on one of the issues at hand is evolving, and
    • the client’s willingness and ability to follow our advice.

    (See also: Why Do Lawyers Cost So Much Money?)

    Every client that comes to us needs our help resolving their problems. We genuinely want to help, and we are mindful of the fact that enormous legal bills will only add to our clients’ list of problems. Our lawyers are respected by their peers and are usually able to successfully negotiate a settlement with opposing counsel. We always try to avoid court, but if court is required, you can be sure that we will know your file like the back of our hand and will fiercely advocate for your rights.