Virginia State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Virginia State Bar, with full citations and source links on every page.
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How does Virginia classify retainers, advanced fees, fixed fees, and contingent fees, and when must a fee go in trust or be refunded?
A true retainer (paid to secure availability) is earned when paid and is the lawyer's property, so it stays out of trust; advanced legal fees and fixed fees belong to the client until earned and must …
Can a Virginia lawyer put a clause in a contingent-fee agreement converting to an hourly or contingent fee if the client fires the lawyer mid-case without cause?
The opinion concludes alternative or 'conversion' fee clauses are permissible in contingent-fee contracts if they comply with the Rules, are adequately explained (Rules 1.4 and 1.5(b)), stay reasonabl…
Can a lawyer charge a contingent fee made up of both a percentage of the recovery and an hourly rate, with both parts payable only on a successful outcome?
The opinion concludes a mixed contingent fee (a percentage of recovery plus an hourly rate, both contingent on success) is permissible so long as the total fee is reasonable under Rule 1.5(a); Rule 1.…
Is a contract requiring a departing lawyer to pay his old firm a percentage of contingency fees on cases he takes with him proper, and must the new firm honor it?
The opinion concluded the fee-splitting agreement was improper. It violated the former rule on dividing fees between lawyers in different firms (no client consent, and the old firm would assume no res…
When a client follows a departing associate, can the old firm refuse to itemize its services on the contingent-fee lien, and must the new lawyer report that?
The opinion concluded that the old firm may not refuse to itemize its services, because the fee rules require a lawyer to explain the fee and furnish a contingent-fee closing statement; if the refusal…
Can a Virginia lawyer charge a contingent fee to a divorced client in an appeal seeking to reclassify marital property?
The committee concluded that, because the parties were already divorced and no human relationships would be adversely affected, a contingent fee tied only to property reclassified above the trial cour…
Can a lawyer who advanced litigation costs sue a solvent client to recover them, and must the lawyer pursue collection?
The committee concluded that because the client remains ultimately liable for advanced litigation costs under DR 5-103(B), the lawyer may take collection action against a solvent client, is not requir…
Can a lawyer advertise contingent-fee representation for collecting child or spousal support arrearages?
The committee concluded the brochure's open-ended contingent-fee language may be misleading, because contingent fees in domestic-relations matters are only rarely proper; the advertisement would not b…
Can a lawyer take a contingent fee to collect child-support arrearages from a deceased parent's estate?
The committee concluded that because the noncustodial parent was deceased, two of the four conditions for a contingent fee in a support case (the child's age and not undermining the parent-child relat…
Is a contingent fee proper in an adult's civil suit against a parent for childhood abuse, and does the agreement need to meet the contingent-fee disclosure rule?
The committee concluded the abuse suit did not fall under its reluctance to approve contingent fees in domestic-relations cases, and that the described agreement complied with DR 2-105(C), advising th…
Can a lawyer take a contingent fee to recover a valuable marital asset that both spouses forgot about and left out of an already-final divorce settlement?
The committee concluded a contingent fee would not be improper here, because the parties were already divorced with no children so no human relationship would be adversely affected and the client coul…
Can a Virginia lawyer charge a contingent fee to collect overdue child support arrearages?
The committee concluded a contingent fee to recover child support arrearages is permissible only where the prior three-part LE Op. 667 test is met, and on these facts the arrangement was not improper.…
Can a lawyer take a child support arrearage case on contingency when the child is young and the custodial parent is not indigent?
The committee concluded it is improper to take a child support arrearage collection on a contingent fee where the child is nine, has recently visited the noncustodial parent, and the custodial parent …
When can a Virginia lawyer collect child support arrearages on a contingent fee?
The committee set out a four-part test: a contingent fee to collect child support arrearages is unethical unless the children are at or near maturity, the fee will not undermine the noncustodial paren…
Can a lawyer take a contingent fee to collect overdue child support when the client cannot afford a retainer?
On the facts presented, the committee concluded a contingent fee to collect a $50,000 child support arrearage was not improper where the client could not pay even a modest retainer, no other fee arran…
Can a lawyer take a contingent fee to pursue a divorced spouse's claim to the other spouse's military retirement pay?
The committee concluded that, absent special circumstances, it is improper for an attorney to represent a divorced spouse's claim against her husband's military retirement pay on a contingent fee basi…
May an attorney charge a contingent fee in a family law or divorce case, including a fee based on an equitable-distribution monetary award?
The committee concluded that, except in extremely rare situations, a contingent fee in family law and domestic relations cases is ethically improper, and that the possibility of a monetary award under…
Can a lawyer take an ownership stake in a client entity plus a contingent fee as payment for forming it and representing it before a government body?
The committee concluded a lawyer who forms a client entity and represents it before a local body seeking a cable franchise may take a proprietary interest and a separate contingent fee, provided the c…
May an attorney charge a contingent fee based on a percentage of a lump-sum property settlement awarded in a domestic relations case?
The committee concluded it is ethically improper to base a legal fee on a percentage of the court-awarded lump-sum property settlement. Decided under Virginia's former Code of Professional Responsibil…
May an attorney represent an indigent wife on a contingent fee to collect long-overdue alimony arrearages already fixed by a court order?
The committee concluded it would not be improper to represent the wife on a contingency basis to recover alimony arrearages, where the alimony had been fixed by a prior court order, the arrearages had…
May an attorney handle a suit to recover child support arrearages or to determine future support rights on a contingent fee basis?
The committee concluded it would be ethically improper to accept a suit to recover child support arrearages or to determine future support rights on a contingent fee basis. Decided under Virginia's fo…
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Legal ethics opinions from the Virginia State Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.