I am a lawyer who does quite a bit of domestic work. May I have a contingent fee arrangement for a domestic case for the equitable distribution claims I am making?
The answer is yes. Although contingent fees are not allowed in many aspects of a domestic case, there is no prohibition against the contingent fee agreement for the equitable distribution aspect of a divorce proceeding. Under Rule of Professional Conduct 1.5(c), a fee can be contingent in the outcome of a matter except where it’s prohibited. Rule 1.5(d) talks about prohibitions. Under Rule of Professional Conduct 1.5(d), a lawyer should not enter into a contingent fee agreement in a “domestic relations matter, the payment or amount of which is contingent upon securing a divorce or upon the amount of alimony or support.” The rule then goes on further to preclude the use of a contingent fee in a criminal case.
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