Attorney Erica C. Affinito
Putting you back in control of your life...

Death to the Billable Hour

Aside from the death of a loved one, divorce is one of the most traumatic events a person will ever experience. In addition to having one's life turned completely upside down the financial burden of a divorce or custody battle can break your bank. Parties have to support two households on an income level that previously only supported one and pay attorneys fees on top of that. I understand this hardship and offer an alternative to the unrelenting billable hour.

How Much Is This Going to Cost Me?

Attorneys are always asked "How much is this going to cost?" and the common answer is "Well, my hourly rate is $375 multiplied by the amount of time I spend working on your case." "How much work will my case take you?" the client will ask. And the answer always is: "I don't know." When you are billed at an hourly rate there is no way to predict the ultimate cost of your case. Everything depends on your cooperation, your spouse and their attorney. If your spouse continually files for frivolous court hearings your attorney is obligated to prepare and appear each and every time. So under a billable hours system your spouse still has the ability to control you. I offer you an alternative to hourly billing which puts you in control. Come in for your free consultation to discuss your flat-rate quote.

An Average Divorce Can Cost Between $60,000 and $80,000

An average divorce can cost between $60,000 and $80,000 through trial...for each party. That's $160,000. When people start looking for an attorney they frequently make their selection based on an hourly rate, not understanding that there are many factors to consider when evaluating the cost of a specific attorney or firm. You may hire the attorney with the lowest hourly rate and end up spending more than if you had gone with the attorney with the highest rate.

And do you realize that no matter what hourly rate you are initially quoted, upon 30 days written notice, your attorney can raise your rates! Now you're part way through your case and have to decide if you can afford these new rates. There are only 24 hours in a day, so when a firm wants to increase their profits they have to raise their hourly rates.

You're Billing Me For WHAT?!?

Beyond just the hourly rate you must also determine what you are billed for. Are you billed for each brief telephone call, for each email? Does your attorney have a minimum billing increment such that even a 2-minute telephone call can cost you $70? What if you forgot a question and have to call back? That's another $70. Is there a minimum charge for court appearances? Does your attorney confirm with you before each step of the case or just spend your money as they decide? And if you do get to have a say, are you billed for all the time spent by your attorney confirming it in writing and documenting your acquiescence for liability purposes? Clients frequently complain that they feel like billing issues alienate them from their attorney. They start to feel held hostage by the almighty billable hour.

I have worked for a firm that practices hourly billing, and frequently saw clients make their initial $5,000 trust deposit only to have it gone in the first 30 days feeling like they had little to nothing to show for it. Then they were asked to hand over another $5,000 plus any outstanding fees, not knowing what would get done or how much more this would cost. Clients complained that they feel like they have no control over their case or their bills. It's a frightening situation for a client who is working with limited resources. Everything else in your life has suddenly become unsure, your relationship with your attorney is the one thing you should be able to depend on.

Just Because It's the Standard Doesn't Make it Right

Even the president of the state bar, Jeff Bleich, is questioning the industry practice of billable hours. In his article, Escaping the Billable Hours Trap, Mr. Bleich observes that billable hours put the interests of the client and the interests of the attorney directly at odds. An attorney is paid based on how long it takes him or her to accomplish a task therefore they have incentive to be inefficient. Renowned author, Scott Turow, authored the article Death to the Billable Hour expressing his concerns that hourly billing of a client may be downright unethical.

Choose the Attorney That's Right For You!

Your choice of a family law attorney is a very personal one. It is important that you have an attorney that you are comfortable with. Your case is not a car accident lawsuit, revolving around one exclusive moment in your life. In family law your case is your life. You are going to have to share very personal information with your attorney and you need to trust that you will be treated fairly and respectfully when it comes to your case and to the financial aspects of your representation.

Why I Choose to Offer Flat-Rate Fees

I choose to practice using flat-rate fees rather than hourly billing because my clients are important to me. I get the benefit of providing personal one-on-one attention to my clients while not having to worry about running a timer on each phone call or each time I sit down and plan out a client's case strategy. It lets me represent my clients aggressively and effectively without worrying that my clients will be stressed out over the inexhaustible expense for the amount of time and hard work put into their case. It allows me to maintain a close relationship with my clients without the inherent conflict of the billable hour.

Come in for Your Free Initial Consultation

Please contact me for your free initial consultation where we can discuss your case and I can quote you a price from start to finish. The billable hour doesn't offer the client any level of control and leads to a contentious relationship between the attorney and client. Your family law issues are too important to let a bad billing system cause you frustration and added heartache.