The rules have always been different for family lawyers. We can’t take mortgages.1 We can’t pay referral fees.2 There are page limitations on our Certifications.3 Our billings and requests for counsel fees pendente lite must be scrupulously specific. Even so, we often collect far less than the value of our services and are compelled to carry large receivables. We are treated differently than other litigators since the funds spent on the litigation process reduce the income and assets available to help family members meet necessary expenses, both before and after divorce. Yet, while family lawyers, particularly those representing the spouse who is not in control of the family funds, bear this burden, there is much that can, and should, be done by the courts; particularly during the discovery phase of the case to maintain the proverbial “even playing field.”4
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