by Kristyna Larch, Law Offices of Michael W. Bugni & Associates

Reliably projecting the cost of any family law matter at its outset will always be difficult, if not impossible. However, there are numerous variables that affect cost that clients can and should keep in mind, including the level of conflict, the possibility of chaos, the ability of the chosen process to minimize chaos, and the level and quality of communication.

The level of conflict in any family law matter will fluctuate throughout the case, and each case is unique. We often characterize conflict as “fighting,”a word which speaks to the way in which individuals engage in conflict. In reality, however, conflict doesn’t necessarily mean “fighting.” Conflict arises when two (or more) things are incompatible or at variance. Individual conflicts stem from incompatible values, expectations, and positions, not to mention control issues. Cost is impacted by how individuals engage in conflicts and the support they receive for managing conflicts.

The more clients are able to communicate directly in a thoughtful manner, the more they can minimize their legal costs. Thoughtful communication uses a mode, frequency, and level of detail that is comfortable for both individuals. For some clients this occurs through email. For others it is by phone or in person. For communication by phone or in person, it is always a good idea for clients to define the scope of their conversation in advance and agree to limits as to when, where and for how long they will speak. If clients prefer to communicate by email, they should attempt to establish shared expectations regarding the frequency and length of emails, and whether a single email will contain single or multiple issues. Some clients communicate by text. I typically advise against using text messaging for “business” as the conversations are frequently too disjointed and spontaneous to support thoughtful communication. When individuals have a mutually comfortable method of communication that promotes thoughtful information sharing, they are more likely to get things done on their own.

When clients hire attorneys in litigation, the clients often stop talking. Many clients are surprised when this occurs, and the cost can be substantial. For example, when clients have to go through their attorneys to learn whether they will be getting together on Saturday to clean out the garage, they can typically anticipate a more expensive divorce. In a Collaborative divorce, on the contrary, the attorneys do not function in this way. The attorneys and other professionals strive to help the clients communicate directly with each other. This is one way in which the Collaborative process can keep costs down.

Other aspects of the Collaborative process can help control costs. The use of a neutral financial professional and divorce coach can reduce the amount of time billed by attorneys at their higher hourly rates. Transparent communication between attorneys, clients and other professionals can be more efficient and help keep everyone on the same page. The use of a Collaborative Participation Agreement can establish clear expectations at the outset regarding the parties’ and professionals’ roles and obligations.

While chaos can seldom be predicted, it often arises when clients are not transparent about their needs and expectations and simply are not communicating effectively. Conflicts can also escalate into chaos when they are not tended to or are poorly handled. Chaos in a Collaborative case can cause the professionals to spend more time working to support the clients in attaining their ultimate goal of uncoupling and reaching agreements about their various issues. Chaos in a litigated case can mean more trips to court, more lengthy letters between attorneys, and more emails between everyone. Because the Collaborative process involves teams, all professionals involved are actively engaged in minimizing the possibility of chaos and supporting the clients in eliminating chaos when it arises.

All of these variables may be useful to keep in mind when considering how to handle your family law matter.