Trial: the Option of Last Resort

The good news is that most divorce cases settle and are resolved without the need for an expensive trial. Regrettably that is not true for every divorce case.

Despite the best efforts of the parties and/or their attorneys, there are at times when cases need to proceed to trial to resolve either some or all of the disputed issues. If that occurs, we do our best to reach agreement on as many of the disputed issues as possible, leaving only those things that absolutely must be tried. After all, if seven out of ten disputes can be settled, then why spend valuable time and money in trial on ten issues when only three need to be tried?

Contested trials are, by far, the most expensive way to resolve and conclude a divorce case. Preparation for trial by the attorneys – including the need to subpoena and depose witnesses, prepare clients for their testimony and appearance, draft legal briefs, gather evidence and assemble exhibits, prepare opening and closing arguments, and plan for cross-examination – can often take four to six times as long as the length of the trial itself. This is why we frequently refer to trial as the option of last resort.

Range of Fees

We can typically offer our clients a flat fee for their trial once we identify the issues that must be tried. Given the wide variety of issues and complexities involved with trial, we cannot offer a flat or fixed fee until that occurs.

Trials can run the gamut from a straightforward half-day trial on a single isolated issue to a several-day trial on numerous issues requiring multiple witnesses, expert testimony and reports, etc.

On the low end, attorney fees for a half-day trial may run as little as $5,000 depending on what must be done to properly try the case. On the high end, attorney fees for a more complicated trial spanning several days may run as high as $30,000 (or more), not counting outside costs or expert fees. In either event, we will provide you with a flat fee ahead of time so you will have advance knowledge of your attorney fees without the uncertainty that traditionally accompanies the attorney’s final trial bill.