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Can I set a budget for my attoreny and if she goes over, then its her problem?

Asked in Boston, MA - over 1 year

That way she solves my problem and doesn't overbill or chit chat too much with other lawyers as they all act as friends and laugh about the costs of the cases.

Attorney Answers (6)

Howard M Lewis

Howard M Lewis

Boston Divorce / Separation Lawyer

Licensed in MA

Answered over 1 year ago. That is a fine idea, many of my clients proposes budgets and I propose them for them as well, it is not always the lawyers who go over budget, the client may (rightfully so) allow their emotions to dictate their financial decisions and insist on protracted discovery such as depostions or document requests to frustrate the opposing spouse out of spite or anger. All of these emotions are natural during this delicate process,however a a good attny will make sure to advise the client to think objectively and will do their best to guide the client towards objective decision making. This is the client's case not the lawyers case but the lawyer has an ethical obligation to handle the case professionally which many young and many older attorney's sometimes forget, sometimes out of ignorance, sometimes out of gree. I think a budget is a fine idea but be prepared for cost over runs because just like building a house, if something needs to be done and you don't have the funds, you still need to do it or risk the whole process. Hope that helps.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
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Kelly A. Broadbent

Kelly A. Broadbent

Holden Criminal Defense Attorney

Licensed in MA

Answered over 1 year ago. Some attorneys will agree to a flat fee for representation. Also, Massachusetts permits limited representation for family law, which permits an attorney to file an appearance to deal with a specific issue in the case such as just the pretrial conference, or just deal with child custody. This may be a good way to stay in budget and not incur excessive legal fees.
Keep in mind though, if you do have an hourly retainer, that it is typically the client's ongoing issues that cause the day to day billing to increase, such as constant phone calls, emails, and issues brought up to deal with the other side.
Kelly Broadbent
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Christopher W. Vaughn-Martel

Christopher W. Vaughn-Martel

Boston Family Law Attorney

Licensed in MA

Answered over 1 year ago. Every lawyer should discuss the potential costs of a certain course of action with you. That is an important aspect of any case, and allows the client to make a truly informed decision about the costs and benefits of a particular strategy or course of action. Often, the time spent on a client's case is actually caused by the conduct of the other party. Your attorney should give you a good estimate of what a specific course of action will cost (a deposition, a motion to compel if discovery is not provided, more aggressive negotiations, setting a hearing), provide you with likely outcomes, and allow you to decide for yourself whether it is worth it.

One last point, oftentimes what you consider to be useless "chit chat" can be one attorney building trust or a rapport with opposing counsel. This can be incredibly useful and a great benefit to the client when the time comes for negotiations or when a favor or some latitude is needed, or when the clients themselves have become overheated or hostile.
VAUGHN-MARTEL LAW
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Ann Frances Breau Karpenski

Ann Frances Breau Karpenski

Framingham Family Law Attorney

Licensed in MA

Answered over 1 year ago. Yes, our office does that all the time, it''s very fair, but please remember some things must be done and you may go over budget or sometime under budget.
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Christine C McCall

Christine C McCall

Pasadena Administrative Law Lawyer

Answered over 1 year ago. You can make an agreement with an attorney that the budgeted will be the limit of your obligation for fees. Some attorneys will agree to that; others do not. But you cannot unilaterally impose that kind of limit as to legal fees in an existing attorney-client relationship without that limitation. You need to choose an attorney who agrees with that fee limit, or you need to ask your present counsel to make a new agreement that provides for this limitation of your fee obligation.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
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Henry Lebensbaum

Henry Lebensbaum

Andover Criminal Defense Attorney

Licensed in MA

Answered over 1 year ago. No


henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
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