Divorce Attorneys - General Power of Attorney

When retaining a divorce attorney, a limited power of attorney is customary. The distinction provided by "limited" status means representation is for the purpose of dissolving the marriage, and resolving all legal issues related to dissolution. A general power of attorney authorizes the designee to act in the stead of another without limitation.

What to expect in a POA required by divorce attorneys

In addition to appointing your personal representative, most POAs contain contractual agreements that define the business relationship. Necessarily, divorce attorneys must pay filing fees to the court on behalf of clients, and frequently must purchase services. Common litigation services include purchasing transcripts, deposition costs, record recovery fees, and fees paid to private investigators. All lawyers expect reimbursement, and the terms of reimbursement should be provided in the POA.

The agreement should also set forth the cost of services provided and method of payment. Retainers are common. Retainers may be refundable or nonrefundable. Refundable retains are typically drawn down on a monthly basis based on an agreed hourly rate. Any excess funds are returned to clients upon the conclusion of a case. Be careful accepting nonrefundable retainers. If you change your mind 10 minutes after retaining an attorney, or the case is resolved with one phone call, the attorney is not obligated to return the fee. All clients accepting nonrefundable retainer agreements should be certain that the amount paid is acceptable for services provided.