Tuesday, August 3, 2010

Attorney's With Flat-Fees

Contested divorce proceedings have long been an expensive proposition for couples obtaining a divorce. Many alternatives such as mediation, collaborative divorce and DIY (do it yourself divorces) have developed. However, each area of alternative divorce resolution has its strengths and drawbacks. Most times, an effective divorce lawyer representing the client is the optimum method for the client, except that the cost of traditional representation can be unpredictable and usually more expensive than alternative methods. A new approach has been developed, called "Flat Fee Divorce".

The traditional arrangement between a Staten Island divorce lawyer and the client is set out in a Fee Agreement. The rules of professional conduct for Massachusetts lawyers requires "the basis or rate of the fee shall be communicated to the client, preferably in writing, before or after commencing the representation". The traditional Fee Agreement will call for a retainer, with the lawyer billing by the hour against the retainer. The problem with the traditional approach is that in the highly volatile and emotional divorce litigation, clients often demand that the lawyer file pleadings to address perceived wrongs. These pleadings require court appearances. Court appearances are usually expensive when the lawyer is paid by the hour, as the court system is not run on an appointment basis. Lawyers and litigants are forced to wait at the court house on the day of their hearing in order to have their matters heard- either by a court mediator or a judge, or both.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

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