I Think my Utah Divorce Lawyer Is Overcharging me; What Should I Do?

Problem #1: Hourly Billing

Some prices are easy to understand. Some are not.

Paying $1 for a Coke is easy to understand. You pay $1 and you get a Coke. That’s it. That’s all. Transaction done.

Paying for most Utah divorce attorneys, on the other hand, is not easy to understand.

Most attorneys bill by the hour (96% to be precise), which really means they bill for every second they think about your case.

Every phone call. Billed.

Every email. Billed.

Every time they think about your case while they walk their dog. Billed.

You see the problem, right? It’s not an easy-to-understand price when you have no idea how your lawyer bills or how much your case will end up costing.

Problem #2: Overcharging

When you don’t understand the price you’re paying for something, you always worry you’re being overcharged.

It’s human nature.

If you feel your divorce lawyer is billing you by the hour and overcharging you, you need to make sure you’re right.

Here are a few tips to do that:

Make sure the hourly rate is what you agreed to in your retainer.

Sometimes, lawyers will charge an hourly amount higher than what you were quoted. Make sure it’s in line with what you agreed. This goes for paralegal hourly rates as well.

Make sure the line-item charges on your invoices make sense.

When attorneys bill by the hour, they usually use line-item charges. For example, a phone call line-item charge will look like this: “phone call to client regarding parent-time this weekend.” Another line-item charge example might be: “travel to and from court for temporary orders.”

Read through a couple divorce attorney invoices and you’ll get the hang of how they bill.

If you’re afraid you’re being overchraged, you need to go back over your invoice and make sure they make sense.

For instance, if you see line-item charges for phone calls with you that didn’t happen (hint: check your phone to see if the dates match up), then there might be an overcharging billing problem. Same goes for emails line-item charges.

If you see charges for attending hearings that didn’t happen on the date listed in the invoice, you might have a problem.

Check to see what you’re being charged for “fees.”

Divorce attorneys will charge “fees” for everything under the sun.

For example, I worked for a firm that would charge $2 per page for faxes (remember those?). That was on top of the time they billed for the paralegal sending the fax. (I got out of that place as quick as I could when I saw what was going on.)

Check your bill to see if you’re being nickled-and-dimed to death with fees.

If you are, you can rest assured your attorney is overcharging you in other ways.

Problem #3: Talking to Your Utah Divorce Lawyer about Being Overcharged

If you’re convinced you’re divorce lawyer is overcharging you, how should you handle things?

First, call your attorney’s paralegal and have him or her explain to you the overcharges.

This piece of advice is super important. If the paralegal can explain each of the line-item charges you’re worried about in plain English, and without being evasive, then there’s a very good chance the charges are legitimate.

Second, if, after your conversation with your attorney’s paralegal, you still feel like you’re being overcharged, meet with your attorney.

If you still feel like things aren’t quite kosher, sit down with your attorney and discuss your concerns.

Any honest attorney is more than willing to go over invoices to make a client feel comfortable.

If your attorney won’t meet with you, or the explanations you’re given don’t make much sense, or you feel like the discussion was more of a “salesy” than honest and educational, then you have a problem.

Also, and this is super important as well, no honest attorney will charge you to sit down and discuss your billing concerns. If your attorney does charge to sit down and discuss billing concerns, then you can be almost certain you’re being overcharged.

Problem #4: You’ve Done Everything Suggested and You’re Still Sure You’re Being Overcharged

So, you’ve done everything outlined above and you’re sure you’re being overcharged. What should you do?

Get out. Hire another attorney.

You have to trust your divorce attorney. If you don’t, find another one. Now.

Last Thing: Solution to Problem #1 — Flat Fees

Lots of the overcharging problems we’ve talked about here result from hourly billing.

Hourly billing allows attorneys to hide the total cost of a case, getting a little up front without telling you how much things will cost in the end.

Hourly billing also allows attorneys who want to overcharge you to make up billing entries.

By contrast, flat fees take away an attorney ability to pad bills and overcharge clients because, well, it’s a flat fee.

With flat fees, there’s no incentive to overcharge because the attorney doesn’t get any more money by padding an invoice.

You know what the price is upfront with flat fees. There’s real power in that.

This is why we at Brown Family Law charge flat fees.

Call Brown Family Law

If you find yourself facing a divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

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Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

Jessica Lance

Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

Amy Christensen

This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.