Flat Fee Agreements Between Attorney and Client

Flat Fee Agreements Between an Attorney and Client

Flat fee rate agreements are different from those with an hourly rate because flat fee agreements include one fee that covers a specific scope of services.

Flat fee agreements are not unusual in family law cases.

When are they appropriate? How do they work? What should a client expect to read in a flat fee agreement?

We hope you enjoy this page on flat fee agreements in family law cases. Please note our firm does not offer any flat fee work at this time.

The flat fee is typically a one time fee

The flat fee is usually paid for specific services the attorney provides in the family law case. For example, if the client hires the attorney for the limited purpose of preparing a divorce petition and accompanying documents, filing and serving it and no other service, the attorney may charge a flat fee for that work. Flat fee rates are also common in cases where the attorney prepares paperwork for a hearing and appears only for that hearing.

The upside of a flat fee agreement is it brings cost predictability

There's no question what the total fees will be because it will not be more than the flat fee.

The downside to a flat fee agreement is the service scope is often very limited

Flat fee agreements usually do not include work outside of that limited scope.

For example, if the flat fee includes services to prepare a request for order on child custody and visitation and appear at the initial hearing, it may not include other work such as the other spouse filing a child-support request for order and setting a hearing for that. It also may not include discovery, which is formal request for information, during the proceeding even if it relates to the upcoming custody and visitation hearing.

Of course, that assumes the flat fee agreement actually does not include these additional services. Most of the time, a well-drafted flat fee agreement is very clear to the attorney and client what it does and does not include.

Flat fee agreements work best on simple cases

Flat fee agreements work best when it is unlikely the case will involve significant other work outside of the flat fee work. For example, if there is already a divorce judgment and there is a simple request for order for modification of parenting time that does not involve complex or highly contested issues, that request for order may be a good candidate for a flat fee quote.

Clients should never trust verbal promises of a flat fee

A client should always insist that any flat fee quote be placed in writing and/or a specific retainer agreement be presented to the client which lays out the nature and extent of the flat fee services.

The flat fee amount can vary significantly depending on the issues

We have seen flat fee quotes as low as $3000-$4000 and as high as $10,000-$15,000.

Want to learn more about fee agreements?

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