Divorce Attorneys, Free Power of Attorney Forms

All reputable divorce attorneys will provide you with a free power of attorney form to review before deciding on representation. These forms are the core document that establish the attorney-client relationship, and also include additional agreements. In particular, pay special attention to retainer agreements and authorized costs and expenses.

Note when signing power of attorney

Retainers may be refundable or nonrefundable. Refundable, as the name implies, requires lawyers to return unused portions of fees advanced if unused at the conclusion of a case. Be aware, many divorce attorneys require nonrefundable retainers in family law matters, especially if documents must be filed with the court. The rationale for attorneys requiring nonrefundable retainers is simple: After a case is filed, judges rarely allow a lawyer to withdraw as counsel of record based on nonpayment of fees. If a client fails to replenish retainers, lawyers nevertheless remain responsible for legal representation. By making retainers nonrefundable, a degree of security is provided for all future work. Also be aware the amount of the nonrefundable portion should be reasonably related to this purpose.