What's a Family Lawyer? What They Do & How Much They Cost
A family lawyer represents clients in family court. Also called a family law attorney or family court lawyer, they handle cases involving familial relationships like divorce, custody, support, paternity and estate planning. They manage cases in the pursuit of getting their clients their desired outcome.
What is a family attorney?
A family attorney is a legal professional who helps litigants solve family-related issues. They listen to their client's concerns, then come up with strategies to get what their client wants.
They are bound by the family code of the jurisdiction in which they're licensed to practice.
What do family lawyers do?
Family lawyers fulfill a wide range of duties, including:
- Drafting and filing court paperwork
- Collecting evidence
- Reviewing the law to find what can defend or protect their client's interests
- Preparing clients for trial
- Negotiating on their client's behalf
- Questioning witnesses at trial and depositions
Since sensitive topics are involved, family lawyers must be empathetic in addition to skillful and creative in their legal approach.
In custody cases, family lawyers can represent children. In these cases, they're called attorneys ad litem and they represent the child's wishes. A guardian ad litem, who can be a licensed family lawyer, represents the child's best interests.
Aside from representing individual clients, family lawyers may work as mediators or oversee court hearings as hearing officers.
How much do family law attorneys charge?
Family lawyers charge based on the complexity of your case as well as their location and experience level. The longer it takes your case to resolve, the more you'll pay your attorney.
What is the average retainer fee for a family lawyer
You'll pay a retainer fee up front from which the lawyer deducts money for their services. Usually, you'll receive any leftover money. Read the contract carefully.
The average cost of a retainer fee on the low end is $2,300. Complex cases may require at least a $10,000 retainer fee and can cost as much as $50,000 for highly-regarded attorneys.
Family lawyer cost per hour
At standard rates, a family lawyer can cost as little as $150 per hour. If you're low-income, a legal aid society in your area may be able to connect you with a family lawyer who works for free (pro bono) or at a reduced rate.
Attorneys who specialize in high-asset cases may charge several thousand dollars per hour.
Deciding whether to hire a family law lawyer
Do your research before hiring an attorney.
Look for disciplinary records (accessible through the state bar association) and read online reviews. Make sure they specialize in family law and handle your case type. For example, if domestic violence is an issue, you'll want a lawyer who has experience in that area.
Many lawyers offer free consultations so they can determine whether they're fit to take on your case.
Ask yourself the following when deciding whether to hire a family lawyer.
- Can I afford it? Make sure that you have the means to afford a family court lawyer. If not, low-income litigants may qualify for low- or no-cost representation from legal aid. You can also save money by using limited-scope representation. This means the lawyer only looks at certain aspects of your case and leaves the rest for you to handle.
- Can I handle my case by myself? If you have a straightforward case with few matters in dispute, you might be able to manage without a family lawyer. For example, those who agree on custody can often handle things on their own. However, if you have a high-conflict case or need to resolve complex matters like property division, a family lawyer might be what you need. If you mishandle your case, you might need to hire a lawyer to fix the mistakes you've made. This can cost more than hiring a lawyer from the outset.
Collaborating with your custody lawyer
When you have a custody case, it's important you and your lawyer stay on top of all the moving parts of your case.
If you're using the Custody X Change app, you can share account information with your lawyer.
You can customize this to fit your situation with Custody X Change.
With a linked account, your family lawyer can edit your parenting plan, actual parenting time tracker and custody journal, and view messages between you and your co-parent.
Custody X Change makes it easier for your and your family court lawyer to manage your custody case.