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Term Definition
Contingency Fee
- an arrangement in which the attorney does not get paid unless the client wins.
Application in Divorce
Contingent fees are common in certain personal injury cases; this arrangement, however, is not permitted in divorce and custody cases. Such routines violate the canons of
ethics
in most states. This prohibition encourages a more equitable approach to resolving the financial issues of a divorce. A divorce lawyer represents a client on a hourly payment structure, with the client paying an up-front retainer fee. This type of payment structure eliminates a financial reward to the lawyer based on job performance or courtroom success.
See Canons of
Legal Ethics
.
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