LEO: Contingent Fees - Domestic Relations  LE Op. 588


Contingent Fees - Domestic Relations.


October 23, 1984


It is not improper for an attorney to represent a client on a contingent

fee basis for the collection of child support arrearage when the 1971

divorce decree incorporated a child support agreement, both the client and

her former spouse have remarried, the children of the marriage are now 17

and 18 years of age, one child visits frequently with the former spouse,

the other child visits infrequently, the arrearage amounts to $50,000.00,

and the client is unable to pay even a modest retainer fee, provided the

relationship between the former spouse and the children will not be

undermined, no other fee arrangement is practical and the agreed upon fee

basis is fair and reasonable under the circumstances. [Formal LE Op. 189,

LE Op. 405]


Committee Opinion October 23, 1984