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Page 72
Who Pays for What?
The assumption that the man has to pay all the legal bills is no longer true. Often, the spouse with the deeper pockets has to pay some or all the legal fees. In many cases, where the assets are going to be equally divided, the pockets are equally deep, and wives are shocked to learn that their share of the legal fees must come out of their share of the assets.
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If a lawyer assures you that he will only collect what he can get from your spouse, have that put in writing.
Most lawyers will not make that promise, because they stand a chance of never getting paid. A reputable attorney will explain that payment will be due even if your spouse does not pay.
Sometimes, early in a case, a judge will order the wealthier spouse to pay temporary legal fees on behalf of the other spouse. By the time the case is over, however, both sides usually end up paying something.
Twelve Tips for Keeping Fees Under Control
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1. Hire a lawyer whose billing rate is manageable for you or who is willing to create a payment plan you can live with. For example, the lawyer will agree to be paid at the rate of $300 a month for however long it takes you to pay the bill.
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2. Ask to receive a detailed bill every month; the bill should describe services rendered and disbursements paid. Tell your lawyer you want this even if your retainer is not yet used up.
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3. Ask that, except in the case of emergencies, you be notified, in advance, of any major work to be done on your behalf. Typically, you and your lawyer have developed the plan of action, but it is possible your attorney may be ready to make a motion that you might think unnecessary.
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4. Ask for an estimate of the disbursements in advance. You don't have to be told about every postage stamp being billed to you, but your lawyer should tell you about process servers (whose fees can run from $50 up) or stenographers (deposition or trial transcripts can cost thousands of dollars). Maybe you have a friend who can serve the papers for free, for instance, or perhaps you know of a cheaper stenographer whose work is just as good.

 
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