Could a lawyer use a contingent fee for property distribution after dissolution if maintenance remained pending?

Short answer The opinion said no under Rule 1.5(d), even though the dissolution order was final, because maintenance remained at issue.

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 in a domestic-relations property-distribution matter. The dissolution order was final, but maintenance remained unresolved.

The opinion answered no and cited Rule 1.5(d). It did not give further reasoning.

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: Did the final dissolution order alone allow the fee?

A: No. Maintenance remained at issue and the opinion barred the contingent arrangement.

Q: Which rule did it cite?

A: Rule 1.5(d).

Background and rules framework

The opinion applied Rule 1.5(d) to a domestic property matter after final dissolution but before maintenance was resolved.

Citations and references

Rules of Professional Conduct:

Missouri Rule 1.5(d)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/930100/

Original opinion text

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

QUESTION: May an attorney take a domestic relations case involving distribution of property on a contingent fee basis? The order granting the dissolution is final but maintenance is still an issue. ANSWER: No, it is prohibited by Rule 1.5(d).

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