Advisory Opinion: 1419

Year Issued: 1991

RPC(s): RPC 1.5(d)

Subject: Contingent fee in post-dissolution proceeding

The Committee reviewed your inquiry concerning potential representation of a client in a post-dissolution proceeding on a contingent fee basis. RPC 1.5 provides that a lawyer may not charge a contingent fee in any domestic relations matter based upon the securing of a dissolution or annulment of marriage or upon the amount of maintenance or support, or property settlement in lieu therefore (except in post-dissolution proceedings). The Committee was of the opinion that this rule would not prevent you from charging a contingent fee in a post-dissolution matter unless it were based upon the negotiating or litigation of new maintenance or child support, or inclusion of property in lieu of support or maintenance in actions to divide previously undivided property. If you are not sure as to whether those problems would arise, the Committee was of the opinion that you would either have to refrain from the arrangement or possibly make specific exceptions in a written contingent fee agreement.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.