Ethics Committee Formal Opinion #1990-91/15
Contingent Fee Arrangement for a Domestic Matter
September 12, 1991
New Hampshire’s version of Rule 1.5(d) (prohibiting a contingency fee “in a domestic relations matter”) is more stringent and all-inclusive than the ABA Model Rule, and would prohibit representing a client on a contingency fee basis in either (1) collecting of past due property settlement payments or (2) a modification of divorce decree based upon fraud (and where no children were involved).
May an attorney enter into an arrangement for or charge a contingent fee in a Domestic Relations matter involving collection of payments due under a property settlement and/or potential recovery in an action to modify decree on the grounds of fraud where: a) the final divorce decree was previously entered; and b) no minor children are involved?