Could a lawyer take a contingent fee to collect a final domestic-relations judgment and require irrevocable designation as payee?

Short answer The opinion did not prohibit the contingent fee, but said the irrevocable payee assignment implicated Rule 1.8(a) on conflicts of interest.
Bar
MOLEC
Issued
1993

Apply this to your situation

This page answers the general question as of 1993. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer proposed a contingent fee to collect a final judgment entered in a domestic-relations case. Because the client would receive installment payments over a long period, the lawyer also asked about an irrevocable designation of the lawyer as payee.

The opinion said the contingent fee was not prohibited. It separately said the proposed irrevocable assignment implicated Rule 1.8(a) on conflicts of interest, without resolving that issue further.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Was the collection contingent fee prohibited?

A: No, according to the opinion.

Q: Did it approve irrevocable designation of the lawyer as payee?

A: It did not give an unqualified approval; it said the assignment implicated Rule 1.8(a).

Background and rules framework

The opinion separated the contingent-fee question from the Rule 1.8(a) issue raised by an irrevocable payee assignment.

Citations and references

Rules of Professional Conduct:

  • Missouri Rule 1.8(a)

See also

Source

Original opinion text

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

QUESTION: May attorney enter into a contingent fee arrangement to collect on final judgment which was entered in a domestic relations case? Because payments to client as a result of collection action will be in installments over a lengthy period, may attorney require that client irrevocably designate attorney as payee of the payments? ANSWER: The contingent fee arrangement is not prohibited. The irrevocable assignment implicates Rule 1.8(a) on conflicts of interest.

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This opinion is from 1993. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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