What is the Average Retainer for a Divorce Lawyer?

by | May 15, 2023 | Divorce

When you find yourself amidst the challenging process of divorce, it’s natural to feel overwhelmed and isolated. However, with the right legal counsel, you can navigate this intricate journey with greater confidence. Before embarking on this crucial partnership, it’s important to unravel the mystery behind lawyer fees, particularly the retainer required. In this article, we delve into the realm of “Retainer for a Divorce Lawyer,” shedding light on the average cost and dissecting the fairness of these charges. Armed with this knowledge, you can make well-informed decisions about your legal representation, alleviating concerns and forging a path forward.

What is a Retainer? 

Most lawyers will ask for a retainer in advance, which is a fee you pay them up front for their services. The retainer is a way for your lawyer to know you are serious about retaining them. It can also act as an advance on the lawyer’s fees.

It’s important to clarify whether your lawyer will be charging a flat fee or if they will charge by the hour. Some lawyers charge a flat fee per task or project, while others charge by the hour in minimum increments such as tenths of an hour or quarter of an hour.

How Much is an Average Retainer for a Divorce Lawyer? 

Retainers vary depending on the lawyer, the type of case, the geographic location, and the case’s urgency. Many lawyers ask their clients to pay $3,500 or more as a retainer. This is often just a down payment on the total cost of the case. Every family law case is different. Costs depend on the parties and if they are able to settle any of the issues or if the case goes to trial. Costs for a dissolution or divorce matter can range anywhere from $5,000-$150,000. This varies depending on your location as well as how much work is needed. However, this still does not mean that all lawyers charge the same amount or use the same billing practices. You should also ask if there are charges for additional items besides their time and out-of-pocket expenses, such as court filing fees. You can also refer to this list to get more ideas about what you should ask your prospective divorce attorney.

Is a Lawyer’s Retainer Reasonable? 

As far as whether these costs are fair, that is up to you to decide what you believe to be fair based on your budget and needs. It’s important to remember that it is not just about what retainer your lawyer charges; you must consider their experience level and skillset in family law cases.

Lawyers who charge less for their retainer fee may be newer or do not have the experience you’re looking for. You will want to ask questions about their methodology and experience level so you can decide on a fair price.  You should also ask if there are charges for additional items besides their time and out-of-pocket expenses, such as court filing fees.

If you take the time to do research, you can find a lawyer who is experienced in family law for a reasonable price. The key is to make sure you understand what services are included in the retainer fee and know your expectations before signing any contract. It is always suggested to have multiple consultations with different attorneys to find the right fit.

We Can Help

Do you have questions about family law? Let’s talk. Schedule a free consultation with us today by calling 925-344-5050, or click this link to fill out an online form. Remember that you’re not alone when going through this difficult time.

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization