Hiring a divorce attorney can be expensive. Depending on the complexity of the case, the amount of litigation involved, and the parties’ willingness to cooperate, legal fees can range from several thousand dollars to considerably more.

But there is an important distinction between paying substantial legal fees because a case requires substantial work and paying substantial legal fees because of the way a law firm structures its billing.

As a New Jersey divorce attorney, I occasionally have an opportunity to review billing records submitted by opposing counsel, particularly when a party seeks an award of attorney’s fees. I also sometimes inherit cases from other attorneys, which allows me to examine the fees charged before my involvement.

Over time, I have observed several billing practices that I believe divorce clients should understand before retaining counsel.

Three practices, in particular, deserve attention: multiple billing for the same communications, minimum billing increments that substantially increase the cost of routine tasks, and inefficient staffing arrangements that cause clients to pay attorney rates for work that could be performed by less expensive personnel.

Watch: Questionable Billing Practices Among New Jersey Divorce Lawyers

1. Multiple Billing for the Same Email or Communication

One of the most troubling practices I have encountered involves multiple people at the same law firm billing a client for the same communication.

Consider a relatively simple example.

A divorce attorney sends an email to a client and copies an associate attorney and two paralegals. The attorney bills the client for preparing and sending the email. The associate bills for reviewing it. Both paralegals also bill for reading it.

When the client responds, all four individuals review the response and record additional time.

A single email exchange has now generated eight separate billing entries.

To appreciate how expensive this can become, suppose the senior attorney charges $500 per hour, the associate charges $400, and each paralegal charges $200.

If each person bills one-tenth of an hour for the outgoing email, the total charge is $130. If each person then bills another one-tenth of an hour to review the response, the entire exchange costs $260.

By comparison, if only the senior attorney performed and billed for the necessary communication, the charge for two one-tenth-hour entries would be $100.

The difference becomes substantial when similar communications occur repeatedly throughout a divorce case.

Of course, there are circumstances in which multiple professionals legitimately need to review the same correspondence. An associate may need to research a legal issue, a paralegal may need to prepare documents, or a supervising attorney may need to provide substantive direction.

The concern arises when multiple people routinely bill for the same communication without performing distinct, reasonably necessary work.

Clients should ask whether everyone copied on an email will bill for reviewing it, even when no separate action is required.

At our office, we do not automatically bill clients merely because additional attorneys or staff members are copied on correspondence. When another professional performs substantive work, that is a different matter.

2. Minimum Billing Increments That Inflate Legal Fees

Another practice worth examining involves minimum billing increments.

Many attorneys bill in increments of one-tenth of an hour, or six minutes. Under this arrangement, an attorney charging $500 per hour would ordinarily charge $50 for a task recorded as 0.1 hours.

But some retainer agreements establish a minimum charge of two-tenths of an hour, even for tasks requiring substantially less time.

This distinction can have significant consequences.

Suppose an attorney takes one minute to write a routine email. Under a six-minute minimum, the charge would be $50. Under a twelve-minute minimum, the charge would be $100.

The hourly rate has not changed. The amount of time actually spent has not changed. Yet the client’s bill has doubled.

This is why examining an attorney’s hourly rate alone can be misleading.

An attorney charging $400 per hour with a twelve-minute minimum may charge more for a short task than an attorney charging $500 per hour with a six-minute minimum.

The problem becomes even more pronounced when minimum billing charges are combined with multiple professionals reviewing the same communications.

Clients should carefully examine their retainer agreements to determine not only the hourly rates being charged, but also the minimum amount of time billed for each task.

A billing arrangement disclosed in a retainer agreement is not automatically improper. Nevertheless, clients should understand precisely what they are agreeing to and consider whether the resulting charges are reasonable.

3. Paying Attorney Rates for Work That Could Be Done by Paralegals

The third issue is somewhat different because it does not necessarily involve questionable billing entries. Instead, it concerns the efficient allocation of legal work.

Not every task involved in a divorce requires the attention of an experienced attorney.

Preparing routine correspondence, organizing financial documents, coordinating discovery, assembling exhibits, and performing certain administrative tasks may be appropriate for trained paralegals or other support personnel.

When a law firm has an appropriate staffing structure, work can be assigned according to the skill and experience required.

For example, at our office, my hourly rate is $500, while our associates bill at $400 and our paralegals at $200.

If a task can properly be completed by a paralegal, assigning that work to someone billing at $200 per hour rather than $500 can produce substantial savings.

By contrast, an attorney working without sufficient support may have to perform virtually every task personally.

That does not mean solo practitioners or smaller firms necessarily provide inferior representation. Many are excellent attorneys. But prospective clients should understand how a firm delegates work and whether they will be charged attorney rates for tasks that do not require an attorney’s expertise.

The issue is not simply what an attorney charges per hour.

It is how much work is performed, how efficiently that work is completed, and who is performing it.

Why the Total Number of Billable Hours Matters

When comparing legal fees, clients often focus almost exclusively on hourly rates.

But the hourly rate is only one component of the final bill.

An attorney charging $350 per hour who spends 30 hours completing a task will cost substantially more than an attorney charging $500 per hour who completes the same task competently in 10 hours.

Experience, familiarity with the applicable law, technological proficiency, organizational systems, and support staff can all affect the time required to handle a case.

This is particularly important in divorce litigation, where attorneys may need to prepare motions, review financial records, answer discovery requests, negotiate settlements, and prepare for hearings or trial.

Clients should therefore consider not only an attorney’s hourly rate, but also the firm’s ability to perform necessary work efficiently.

Five Questions to Ask Before Hiring a New Jersey Divorce Lawyer

Before signing a retainer agreement, consider asking the following questions:

1. What are your hourly rates?

Ask for the rates charged by partners, associates, paralegals, and other personnel who may work on your case.

2. What is your minimum billing increment?

Determine whether the firm bills in six-minute increments, twelve-minute minimums, or some other arrangement.

3. Will multiple people bill for reviewing the same email?

Ask how the firm handles communications copied to several attorneys or staff members.

4. Who will actually perform the work on my case?

Find out whether appropriate tasks will be delegated to associates or paralegals rather than routinely billed at the senior attorney’s rate.

5. How can I monitor and control my legal expenses?

Ask how frequently invoices are provided, how detailed they will be, and whether the firm will discuss the likely costs of major litigation decisions before undertaking them.

These questions are not unreasonable or confrontational. They are part of making an informed decision when hiring a professional whose services may involve a substantial financial commitment.

What Should You Do If You Believe Your Divorce Attorney Has Overcharged You?

The first step is to carefully review your invoices.

Look for duplicate entries, unexplained charges, unusually large amounts of time devoted to routine tasks, and billing practices that differ from your understanding of the retainer agreement.

If something appears incorrect, ask your attorney for an explanation.

Sometimes an entry that initially seems excessive may reflect legitimate work that was not adequately described on the invoice. Other times, a billing error may have occurred.

If the dispute cannot be resolved directly, New Jersey provides a fee arbitration process through its attorney fee arbitration system.

Fee arbitration offers a mechanism for reviewing disputes concerning attorney’s fees, subject to applicable procedural requirements and exceptions. Clients should be mindful that deadlines may apply, particularly after receiving a formal notice of their right to request fee arbitration.

The existence of a signed retainer agreement is relevant, but it does not automatically establish that every charge is reasonable.

Under New Jersey’s Rules of Professional Conduct, attorneys are prohibited from charging unreasonable fees.

Ultimately, the best protection is to understand the firm’s billing practices before substantial legal fees have accumulated.

The Importance of Transparency in Divorce Attorney Billing

Divorce is already an emotionally and financially difficult process. Clients should not have to wonder whether their legal expenses are being unnecessarily increased through inefficient or poorly understood billing arrangements.

Attorneys are entitled to be compensated fairly for their work. Complex litigation can require considerable time, preparation, and professional judgment.

But clients are equally entitled to understand what they are paying for.

At the Law Office of Jordan B. Rickards, Esq., LLC, we believe in explaining our billing practices, appropriately delegating work, and approaching litigation with attention to both legal strategy and cost.

Our goal is to provide effective representation while avoiding unnecessary expenses wherever reasonably possible.

If you are contemplating divorce, are concerned about the cost of legal representation, or are considering changing attorneys during an ongoing New Jersey divorce case, we invite you to contact our office for a consultation.

Contact the Law Office of Jordan B. Rickards, Esq., LLC to schedule a consultation about your New Jersey divorce matter.

This article is intended for general informational purposes and does not constitute legal advice. The reasonableness of any particular attorney’s fees depends on the circumstances, the work performed, the applicable agreement, and the governing Rules of Professional Conduct.