Is it common practice for lawyers to accept monthly payments after a retainer is fully used in a Custody matter?

Asked about 2 years ago - Norfolk, VA

Just want to know if after using a pretty standard but substantial retainer if the majority of area attorneys accept payment plans? I am not rich but I am not poor enough to qualify for financial assistance or Pro Bono unfortunately and I don't want to risk losing my children on a mediocre attorney or just because I couldn't arrange some kind of payment plan.

Attorney answers (1)

  1. Robert L Mauro

    Contributor Level 12

    Answered . Attorneys are permitted, under the Rules of Professional Responsibility, or the Code of Professional Conduct to use almost any method to gain payment as long as it is "reasonable." The only two exceptions are that an attorney cannot set up a contingent fee arrangement for family law or criminal law cases. After a retainer is depleted, an attorney may ask for a new retainer, bill monthly, or require the balance paid at the conclusion of the case. It all depends on what is contained in the retainer agreement.

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