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Frequently Asked Questions
Below are some answers to frequently asked questions concerning family law as well as links to some resources which clients have found useful in the past. If you have additional questions, please feel free to let us know.
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Costs
Initial Consultation
The initial consultation is your first meeting with a divorce lawyer. Sometimes a prospective client is simply information gathering, which is fine, and at other times that person has resolved to go forward with the divorce process. The divorce process can stop at anytime, so the initial consultation binds you to nothing. Generally there is a fee for the initial consultation. The fee is typically the hourly rate of the attorney. Ruggiero Associates charges $185.00 for an initial consultation of up to one hour in length. At the end of the initial consultation the client may or may not decide to proceed with the divorce and may or may not decide to proceed with our firm. If representation is mutually acceptable, the terms of a written Legal Engagement Agreement ought to be discussed in detail and a retainer (discussed below) is then typically paid. The Legal Engagement Agreement should provide both the attorney and the client the right to cancel their professional relationship on a prospective basis at any time.
Retainer
The retainer is akin to a down payment. The retainer remains the client's money even after it is initially tendered to the attorney and is kept in a segregated client trust fund until such time as those fees are earned by the actual services provided by the attorney. For example, if the retainer was $5,000.00, and the divorce was completed for $3,000.00, the $2,000.00 difference of unused retainer would be returned to the client promptly. Many prospective clients compare the retainers between attorneys, which is really comparing apples to oranges. If anything, compare the hourly rate between the attorneys, not the retainer amount, because even whether a retainer is charged or not charged, or whether the retainer quoted was high or low should have no bearing on your final bill. In fact, in a contested case, it is more often than not that the fees exceed the initial retainer amount, in which case the retainer may need to be replenished, or the bill is typically paid on a monthly basis thereafter once the retainer is exceeded. Another retainer may be requested prior to the commencement of a trial.
Hourly Rate
Hourly rates differ among divorce attorneys, and even between attorneys in the same firm. Rates obviously differ due to the skill and experience of the attorney. Mr. Ruggiero's hourly rate for both office and court time is $295.00. Clients are billed for telephone calls, e-mails, writing and reading letters, office consultations, trial preparation, discovery, depositions and court appearances. Clients may be, but typically are not charged for transportation to and from court, however, Ruggiero Associates charges a one-hour minimum court appearance fee, and transportation time may be charged for emergency-type motions. Because of the competency of the staff at Ruggiero Associates certain services may be provided by an associate or paralegal in an effort to reduce overall fees to the client. Certain clients of Ruggiero Associates prefer to and are capable of performing certain tasks themselves with minimal attorney oversight. Additionally, each month we provide a detailed invoice stating the day the work was performed, the description of the work performed, the length of time it took to perform the work, the cost and either the balance of your retainer - or the amount that is now owed in the event the initial retainer has been exhausted.
Flat Fee
Attorneys in Illinois cannot by law charge a flat fee for a divorce.
Your Spouse's
In some cases, a spouse may be ordered to contribute fees towards the opponent's fees. This depends on the facts of each case. Generally, each party pays his/her own fees, but if there is a substantial disparity in the income or assets of the spouses, fees to the opponent may be awarded in whole or in part. Under the "leveling-the-playing-field" law, the attorney for Spouse Two may petition the court for an award of interim against Spouse One so that each party may equally pay for the same level of representation without financial disadvantage.
Third-Party Costs
Third-party costs are those costs in addition to attorney's fees. In an uncontested case (i.e. a case in which all issues are agreed to by the parties early in the case), third-party costs are generally less than $500.00 (e.g. court filing fees, sheriff service of process fee, court reporter fee for transcripts; court clerk fee for certified copy of divorce decree). In a contested case (i.e. a case in which one issue or more needs a judge's ruling to resolve), third-party costs (and attorney's fees) may be substantial and depend on the facts in each case. For example, in a custody case, there may be costs for a court-appointed representative for the child, mediator, evaluator or psychologist. In a case involving a self-employed spouse, a business valuator may need to be retained. If the case involves a pension or expensive property, an actuary or appraiser may be needed for an opinion as to value. Often these costs are paid in advance by the party requesting the service, though sometimes the costs are apportioned according to the relative financial abilities of the parties. Costs (exclusive of attorney's fees) in a highly contested case may easily exceed $10,000.00 depending on the amount and type of information needed to convince a judge to rule in your favor.
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