THURMAN'S INSIDE DIVORCE LAWYER TIPS:
WHEN ARE WRITTEN FAMILY LAW RETAINER FEE AGREEMENTS REQUIRED UNDER THE LAW?
California B & P Code section 6148 mandates that all fee agreements with divorce or family law attorneys must be in writing if the fees could reasonably be anticipated to exceed $1,000 - and unfortunately it is hard to imagine that this will not be the case. Section 6148 applies to all California attorney fee retainer agreements.
It is unethical for family law attorneys to fail to present to you, and sign, a retainer fee agreement. You must be given a copy. If you have attorney fee concerns - or if you are prosecuting or defending a fee dispute or fee arbitration, read each of the professional rules I've placed on my Statute's page. Any attorney who plays fast and loose with these rules is not a good candidate to be your representative - since the moment they fail to comply with the rules a conflict of interest arises between them and you, and you can expect them to overbill you and probably cut corners in other important areas of your matter.
Unfortunately, this section doesn't have a lot of teeth to it in the sense that the consequences for a divorce lawyer failing to comply may be limited to disgorging only the amounts they received that were in excess of a "reasonable" fee. However, telling the attorney you intend to file a Complaint with the State Bar may get their attention and, personally, I wouldn't hesitate to recommend such a complaint where the unethical conduct truly exists because unscrupulous attorneys present a hazard to others.
CALIFORNIA BUSINESS AND PROFESSIONS CODE
Division 3. PROFESSIONS AND VOCATIONS GENERALLY
Chapter 4. ATTORNEYS
Article 8.5. Fee Agreements
B & P section 6148
(a) In any case not coming within Section 6147 in which it is reasonably foreseeable that total expense to a client, including attorney fees, will exceed one thousand dollars ($1,000), the contract for services in the case shall be in writing. At the time the contract is entered into, the attorney shall provide a duplicate copy of the contract signed by both the attorney and the client, or the client's guardian or representative, to the client or to the client's guardian or representative. The written contract shall contain all of the following:
(1) Any basis of compensation including, but not limited to, hourly rates, statutory fees or flat fees, and other standard rates, fees, and charges applicable to the case.
(2) The general nature of the legal services to be provided to the client.
(3) The respective responsibilities of the attorney and the client as to the performance of the contract.
(b) All bills rendered by an attorney to a client shall clearly state the basis thereof. Bills for the fee portion of the bill shall include the amount, rate, basis for calculation, or other method of determination of the attorney's fees and costs. Bills for the cost and expense portion of the bill shall clearly identify the costs and expenses incurred and the amount of the costs and expenses. Upon request by the client, the attorney shall provide a bill to the client no later than 10 days following the request unless the attorney has provided a bill to the client within 31 days prior to the request, in which case the attorney may provide a bill to the client no later than 31 days following the date the most recent bill was provided. The client is entitled to make similar requests at intervals of no less than 30 days following the initial request. In providing responses to client requests for billing information, the attorney may use billing data that is currently effective on the date of the request, or, if any fees or costs to that date cannot be accurately determined, they shall be described and estimated.
(c) Failure to comply with any provision of this section renders the agreement voidable at the option of the client, and the attorney shall, upon the agreement being voided, be entitled to collect a reasonable fee.
(d) This section shall not apply to any of the following:
(1) Services rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the client or where a writing is otherwise impractical.
(2) An arrangement as to the fee implied by the fact that the attorney's services are of the same general kind as previously rendered to and paid for by the client.
(3) If the client knowingly states in writing, after full disclosure of this section, that a writing concerning fees is not required.
(4) If the client is a corporation.
(e) This section applies prospectively only to fee agreements following its operative date.
(f) This section shall become operative on January 1, 2000.
Testimonials & Endorsements
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“Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable.”
If you are going through a divorce, The Law Offices of Arnold, Peterson & Criste is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable. He was able to navigate my emotions and help my uphill battle to receive proper visitation as a father. Jordyn never hesitated to reach out within the same business day if documents were needed or for any question I had about the process. Thanks to the team, we resolved the divorce healthfully. I couldn’t be more grateful.- Josh Arguijo -
“I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs.”
I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before I negotiated with my ex-wife and her Attorney. In fact, my case was in another county, but that didn't matter. I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs. Attorney Arnold is a BAR Certified Family Law Specialist. In my humble opinion the best! His review of my case and how "Moore Marsden" property division applied was invaluable. His guidance saved me $30,000 dollars. Thank you, Thurman!- Jeff Jones -
“Mike is adept at managing expectations and being very fair and measured.”
Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and stressful experience. Mike is adept at managing expectations and being very fair and measured. I wish I had hired him initially to get it all done straight the first time around. He is very responsive and communicative and understands the client well. Good luck going through this process - have a good guide like Mike without a doubt.- Donika McKelvie -
“I would highly recommend him and the firm”
Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly recommend him and the firm . Very good staff .- Vincent Hall -
“Very professional, honest, and handled everything without a hiccup.”
Arnold, Peterson & Criste are a class act. Very professional, honest, and handled everything without a hiccup. When a year had passed, he and Jordyn contacted me to let me know I still had retainer on the books! I had forgot and they sent me the money anyway! For this I am very grateful and cannot recommend them enough. You won’t go wrong with Thurman Arnold. He is definitely the guy to have on your side.- Matt Feenstra -
“Simply the Best of the Best!!!”
I Highly Recommend Michael C. Peterson at the Law Office of Thurman W. Arnold!!! I hired Michael for my custody case and he is very knowledgeable and took the time to educate me on the process so we can put together a winning strategy. He fought for me and my children in court and successfully won our case. There are no words to describe how grateful and appreciative I am for Michaels service!!! If you are sitting on the fence on which Attorney to hire, do yourself a favor and hire Michael. I would not recommend anyone else!!! Simply the Best of the Best!!!- John and Lukes Tube -
“Mike amazes me by his knowledge of my case, made me feel like I was his only client.”
- Damaris M.I reached out to this law firm 2 years ago when my life was falling apart. My case was assigned to attorney Michael Peterson. I didn't know much about him except few reviews on google but I'm glad I hit the jackpot. Mike amazes me by his knowledge of my case, made me feel like I was his only client. He's very responsive, respectful and and goes above and…
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“He and Michael Peterson are truly masters of their craft.”
When my clients have family law issues, I routinely refer them to Thurman Arnold. He and Michael Peterson are truly masters of their craft. Family law can be an unwieldy beast, but they handle it with precision and finesse.- Edward Cross
