Could an estate claimant’s lawyer charge a small upfront amount plus a contingent fee?

Plain-English summary

Children of a decedent sought a lawyer to pursue their claimed share of an intestate estate amid a family dispute. The lawyer proposed a small upfront retainer followed by a contingent fee.

The opinion said that structure did not violate Rule 4-1.5 on its face. The overall fee had to be reasonable under the rule’s factors, and the actual fee’s reasonableness should be reviewed at the end of the representation.

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: Did the opinion say this fee structure was automatically reasonable?

A: No. It addressed the agreement on its face and required an overall reasonable fee.

Q: When did the answer call for reviewing the actual fee?

A: At the conclusion of the representation.

Background and rules framework

The answer applied Rule 4-1.5 on fees and its reasonableness factors.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.5

See also

• Missouri Informal Op. 20000133: Former Firm Fee Offset

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000090/

• 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 has been approached by children of a decedent to represent them on a contingent fee basis in attempting to secure what they believe is their portion of their decedent´s intestate estate. There is a dispute involving other family members. Is it appropriate to draw a contract where Attorney obtains a small retainer up front and agree to thereafter represent them on a contingency fee basis?

ANSWER: The fee agreement Attorney proposes would not, on its face, violate Rule 4–1.5, relating to fees. The overall fee must be reasonable, taking into account the factors set forth in that rule. The reasonableness of the actual fee should be reviewed at the conclusion of the representation.