Anecdotal but frequent evidence suggests that there is widespread dissatisfaction, including in some cases disgust and anger, at the cost of divorce.
Proposal: that at the outset of each divorce, lawyers give their clients a notice, a written notice including an acknowledgment of receipt, that makes the following points crystal clear:
1. The cost of divorce will make the “family pie” smaller.
2. That the longer the divorce takes and the more contentious it is the smaller the family pie will get.
3. The lawyer’s fee will be based on [insert description]. For example, the lawyer’s fee will be based on an hourly rate of $350.00 and that, for example, a telephone call to the client or to opposing counsel may be billed at no less than .2 (12 minutes) or $70.00.
4. The notice will also include the entire text and commentary to Rule 1.2 of the Rules of Professional Conduct.
The point is to provide clients, at the outset of representation, with the perspective within which they can take responsibility for and exercise more control over their own divorces.