Attorney Fees

What is the name of your state? California

I retained a lawyer for my divorce on October 30, 2003, just under 4 months ago. In the retainer agreement it stated that the fee for the attorney would be $225/hr and the fee for the legal secretaries would be $100/hr. This has been a very uncomplicated divorce thus far. We have attended court only once, wherein we had come to a mutual agreement regarding custody and visitation prior to our case being heard. We have already divided property, so there is no dispute or anything to be decided with that. The remaining visitation schedule was mutually agreed upon in mediation without any attorneys present. Yet, my lawyer has claimed to have already used the $2500 retainer and has billed me an additional $660, for a grand total of $3080. This seems rather steep to me for how simple things have been. The divorce is not yet over and at the rate I am being charged, this divorce is going to cost even considerably more. In reviewing my bill, it shows that I have been billed the lawyer's rate for everything, with the exception of 6 minutes being billed at the legal secretarie's rate. I know in my dealings with them that the legal secretaries do almost all of the document preparation, which is what most of the billing has been for. I would like to know if the amount that I have been charged thus far seems a little high for such an uncomplicated case and if the lawyer is allowed to charge their rate for work completed by the legal secretaries?

My response:

The average, run-of-the-mill dissolution costs anywhere from 4K to 5K. And, you're wrong about the forms and other pleadings that were prepared for you. The forms require an attorney to fill out and write because legal decisions need to be made for your PARTICULAR set of circumstances and to be filled out properly.

Inasmuch as you'd like to believe it, and be billed at the lower rate, secretaries cannot do this because they are not attorneys. At best, they can act as scribners - - but when the attorney has the forms on his computer screen, it's a very simple matter for the attorney to fill out the forms with the proper information. Not everyone's forms are filled out exactly alike.

My secretary, Gretchen, NEVER touches forms or pleadings - - except to prepare them through dictation, at my instruction, and at my direction. That's what costs.

So, you're assuming that the secretary has completed your forms, when they can't - - except as a "scribner". Normally, I use my secretaries for correspondence and dictated pleadings. In other words, they ONLY type - - they DO NOT "create".

IAAL

Thank you for your response and for adding clarity to this matter. I appreciate your time given to my post.