Ethics Committee Advisory Opinion #1986/7-4
May 2, 1987
An attorney securing future contingency fees and costs by having the client execute a mortgage in favor of that attorney must proceed carefully to insure, after full disclosure, that the client knowingly consents in writing to that arrangement; and the client should be advised to obtain a second opinion as to understanding the terms of the documents for such arrangement, prior to executing them. (Rule 1.5)
This opinion addresses the ethical considerations raised when a member of the Bar, secures by mortgage fees earned, future costs of litigation and contingency fees to be earned in pending legal matters.