There are more ethical complaints made every year against family law attorneys than any area of practice. Maybe it’s because it is the most contentious type of case and the stakes are so high. Maybe it is because a lot of these attorneys get burned out so they don’t deliver the best service. Or maybe it’s because some Illinois family law attorneys perform tricks that put the dog trick (above) to shame. Here are a few examples.
1. Calling themselves a “father’s rights” or “mother’s rights” law firm. There is nothing in the law that gives the rights over custody of a child to a mom over a dad or a dad over a mom (unless there is no marriage and the dad is not on the birth certificate). Attorneys that use these words are just marketers who are trying to scare you in to hiring them. If you have a contested custody issue, you either have an attorney that fights for your or you don’t. That is why you succeed or fail along with the facts of the case.
2. Charging a really low up front fee to get you to sign up. The total cost of any case is based on how long it lasts. If an attorney asks for an up front fee of $2,500, that buys you a certain amount of their time in advance. Most lawyers we know charge around that amount because they know that even an amicable case is going to take a decent amount of work. If an attorney only wants $500 to start the case then don’t find yourself surprised if you are being asked for more money within a week of signing up. The county charges over $300 just to file the case. There is no way a prepared attorney could get through the first court appearance for $500. We hear a ton of stories from people that are furious because after one month on the case they now have a $2,000 bill to pay and their lawyer says they will drop the client if no money is sent. You are better off with a lawyer that sets a realistic cost expectation up front.
3. They bleed the file. Bleeding the file is a legal term for charging as much money as they possibly can for work that doesn’t need to be done. There is not much an attorney can do that is more un-ethical, yet somehow attorneys turn simple cases in to matters where they are collecting five or six figures in fees. If you have an agreeable case then ask for mediation or for a push to end the case. It takes two to tango, but if you and your ex are on the same page the costs shouldn’t be excessive.
Don’t get us wrong, most family law attorneys in Illinois are honest. But we have heard enough of these stories to know that the tricks are out there. You need to be alert for them. Feel free to send in any other tricks that you have heard.
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