Lawyer cost for Separation Agreement

[dad93]

Hi All

I'm trying to determine a reasonable amount that a lawyer would charge for writing up a separation agreement. My ex and I used a lawyer anf agreed to split the cost. We were married for 5 yrs and have two kids. We had a house together. The lawyer produced a standard agreement ...we figured out the custody arrangements to which he included. He met with my ex once and we all met together to sign. There was no bickering that involved the lawyer - just some standard questions via email.

The problem now arises in that my ex used this lawyer for other services that did not involve me. He has given her an all inclusive bill and did not break down the cost for the Sep agreement. My ex now thinks that 4k of the bill is related to the separatiom agreement. This seems quite high to me. If the lawyer won't break it down then I am left trying g to found out what average costs might be. Anyone have any thoughts?

Thanks

[janedoe99]

honestly before retaining a lawyer I would have said that sounds high. Now..after retaining a lawyer...that sounds about right. I guess it depends if the lawyer charges a flat fee for the agreement or if they do the hourly rate.

[Berner_Faith]

I would say it always depends on how much back and forth goes on... seeing as everything was basically worked out and the lawyer just had to write it up, I would say that is high.

[standing on the sidelines]

my lawyer charged me 1500 and it was pretty cut and dried. we already had split stuff and each of us took care of our own debts. I think there was only a couple of changes made on it but that was it. My lawyer was the one who wrote it up.

My lawyer sent me and itemized bill after it was all done so I am not sure why your ex didnt get one.

[dad93]

my lawyer charged me 1500 and it was pretty cut and dried. we already had split stuff and each of us took care of our own debts. I think there was only a couple of changes made on it but that was it. My lawyer was the one who wrote it up.

My lawyer sent me and itemized bill after it was all done so I am not sure why your ex didnt get one.

She did get a bill but lumped in was a bunch of other fees that were hers alone. The hours for just the separation agreement are not broken down.

[Berner_Faith]

Simply request an itemized bill with fee break downs.

[Gary M]

Simply request an itemized bill with fee break downs.

^^^
Yup

Cheers!

Gary

[dad93]

Simply request an itemized bill with fee break downs.

This guy was never my lawyer. I will call time and ask but according to my ex he won't separate out the separation agreement from the other stuff. He has given the items but did not place a time/cost beside each.

[standing on the sidelines]

This guy was never my lawyer. I will call time and ask but according to my ex he won't separate out the separation agreement from the other stuff. He has given the items but did not place a time/cost beside each.

i think the poster meant to ask to get it from your ex. Tell him you would be happy to pay once you are shown the itemized bill for you to look over.

[Kimberly]

I would agree only to pay for your share. If your ex will not give you an itemized bill then tell him to take you to court, where he will have to show an itemized bill. (and pay for his lawyer) Don't forget, the lawyers bill is in his name, not yours. If he wants to play that way, don't play.

[janedoe99]

kimberly is totally right---it is in his name and you should know what you are paying for. I would never get away with that and most people wouldn't...just telling the other person "you owe me x".

[hadenough]

Maybe I'm wrong, but I don't think the two of you should have ever been using the same lawyer. And the fact that she then went and met w/the lawyer on her own - No, it's not right. Dad93, you yourself said "this guy was never my lawyer." This is why parties seek ILA (as we all know, independent legal advice). At no time should this lawyer have been acting on behalf of both of you, and it sounds like, at the outset, that he did.

[dad93]

Maybe I'm wrong, but I don't think the two of you should have ever been using the same lawyer. And the fact that she then went and met w/the lawyer on her own - No, it's not right. Dad93, you yourself said "this guy was never my lawyer." This is why parties seek ILA (as we all know, independent legal advice). At no time should this lawyer have been acting on behalf of both of you, and it sounds like, at the outset, that he did.

Yes I agree, it was a mistake. Our Separation Agreement was done in July 2010. We received the final copy of in September with a note that he would send the bill He never sent it until this month with all his other services. Evidently since my ex wife retained him, she is his client thus he cannot send me a bill? That is what he has claimed...does that sound right?

[hadenough]

He should never have sat down w/the pair of you in the first place. He as the lawyer, should have made it crystal clear to you, that you needed I.L.A. I suppose one way to approach it now would be, find out what his hourly rate is and then multiply that by the number of hours you spent w/him and divide it by 2. Him sitting and discussing this w/you both should never have taken place. I'd even say you should have a 2nd lawyer look it over and advise you. I had this happen to me many years ago re: a cohabitation agreement. It sounded great and for $400 seemed to buy some piece of mind. Fact of the matter is, years later - the agreement meant nothing and was a waste of $400 as we went to the same lawyer. It's underhanded on the lawyer's part. THEY know they are not allowed to do that.

[dad93]

He should never have sat down w/the pair of you in the first place. He as the lawyer, should have made it crystal clear to you, that you needed I.L.A. I suppose one way to approach it now would be, find out what his hourly rate is and then multiply that by the number of hours you spent w/him and divide it by 2. Him sitting and discussing this w/you both should never have taken place. I'd even say you should have a 2nd lawyer look it over and advise you. I had this happen to me many years ago re: a cohabitation agreement. It sounded great and for $400 seemed to buy some piece of mind. Fact of the matter is, years later - the agreement meant nothing and was a waste of $400 as we went to the same lawyer. It's underhanded on the lawyer's part. THEY know they are not allowed to do that.

I was not in a good place at the time and did not think rationally. I was trying to work with my ex as amicably as possible and we were doing most of the work in putting the agreement together. I was convinced by my ex that using one lawyer to do the "legal" part would be the most cost effective. However, if his bill is 4K clearly that was not cost effective. So I am wondering now, if I balk at paying 50% of 4K because I feel that is too high, the lawyer won't come after me but could my ex take me to small claims court on this? Don't get me wrong, I am not refusing to pay but I am getting quotes of $1500 for standard Separtion Agreements.