Adopted March 16, 1985. Addendum issued 1995. A lawyer may not ethically enter into a contingent fee arrangement for the collection of future child support or future spousal maintenance.
Courts retain authority to review the reasonableness of contingent fee agreements.
Contingent fee contracts in civil cases are met with approval if the arrangement benefits the client, and the client is fully informed of all relevant factors. The creation or augmentation of a res out of which a fee can be paid does not occur in domestic relations cases when potential property division or support awards are undetermined. No contingent fee arrangement shall be made . . . Because of the human relationships involved and the unique character of the proceedings, contingent fee arrangements in domestic relations cases are rarely justified. Courts have uniformly held that an attorney may not, on a contingent fee basis, negotiate or litigate a property settlement, property division, or divorce decree.