Could a lawyer represent the lawyer’s minor child in an injury claim and charge a contingent fee?

Plain-English summary

A lawyer asked about representing the lawyer’s minor child after a car accident, including charging a contingent fee and possibly involving other counsel if litigation became necessary.

On the facts given, the opinion permitted representation. It said acting as trial advocate when likely to be a necessary witness would violate Rule 4-3.7. A contingent fee was allowed, with a written contract with the next friend under Rule 4-1.5(c).

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Could the parent lawyer serve as trial advocate if likely a necessary witness?

A: No. The opinion said that would violate Rule 4-3.7.

Q: What contract did the contingent fee require?

A: A written agreement with the next friend under Rule 4-1.5(c).

Background and rules framework

The answer cited Rule 4-3.7 on advocate-witness conduct and Rule 4-1.5(c) on contingent-fee contracts.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-3.7
• Rule 4-1.5

See also

• Missouri Informal Op. 20000090: Mixed Contingent Fee

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000025/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney´s child was involved in a car accident as a passenger. May Attorney represent Attorney´s minor child in a claim for damages just as Attorney would for someone unrelated? If so, is Attorney entitled to a contingent fee based upon the recovery? Would it make a difference if Attorney represented Attorney´s child only up to the point where the claim was settled against both insurance carriers, and if a lawsuit needed to be filed, Attorney involved other counsel in the case at that time?

ANSWER: Based solely on the information Attorney has provided, Attorney may represent Attorney´s child without violating any ethical provisions. However, if Attorney is likely to be a necessary witness, Attorney would violate Rule 4–3.7, if Attorney acted as an advocate at trial. Attorney may represent Attorney´s child on a contingent fee basis. Attorney would need to enter into a written contract with the next friend, in order to comply with Rule 4–1.5(c).