Can a lawyer charge a contingent fee to appeal the property-division part of a divorce decree?
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This page answers the general question as of 1998. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned an appeal of a dissolution decree on a contingent fee basis. The committee resolved it under RPC 1.5(d)(1).
The committee concluded that RPC 1.5(d)(1) prohibits a contingent fee arrangement in the appeal of that portion of a dissolution decree which challenges the property settlement award of the trial court. It added that the exception under the rule for "postdissolution proceedings" does not apply to such actions.
Currency note
This opinion was issued in 1998, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here. Washington's RPC 1.5(d)(1) corresponds to ABA Model Rule 1.5(d)(1), which prohibits a contingent fee in a domestic relations matter where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement.
Common questions
Q: Can a lawyer take a contingent fee to appeal the property-division part of a divorce decree?
A: No. The committee concluded RPC 1.5(d)(1) prohibits a contingent fee for the appeal of the portion of a dissolution decree that challenges the trial court's property settlement award.
Q: Does the rule's "postdissolution proceedings" exception save the arrangement?
A: No. The committee concluded the exception for "postdissolution proceedings" does not apply to an appeal challenging the property settlement award.
Background and rules framework
The opinion applied Washington RPC 1.5(d)(1) (prohibiting contingent fees in specified domestic relations matters), corresponding to ABA Model Rule 1.5(d)(1). The committee made the analysis turn on whether an appeal of the property settlement award fell within the rule's prohibition or within its "postdissolution proceedings" exception, and placed it within the prohibition.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.5 (fees; contingent fee prohibited in certain domestic relations matters); Washington RPC 1.5(d)(1)
See also
- WA Ethics Op. 1074: Contingent Fee, Domestic Split
- WA Ethics Op. 1024: Contingent Fee for Collections
- WA Ethics Op. 1812: Referral Fee After a Conflict
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1008
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1815
Year Issued: 1998
RPC(s): RPC 1.5(d)(1)
Subject: Contingent fee agreement for appeal of dissolution decree
The Committee researched and reviewed your inquiry concerning the appeal of a dissolution decree on a contingent fee basis and determined the following:
RPC 1.5 (d)(1) prohibits a contingent fee arrangement in the appeal of that portion of a dissolution decree that challenges the property settlement award of the trial court, and the exception under this RPC for "postdissolution proceedings" does not apply to such actions.
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