Could a guardian ad litem receive a percentage fee after recovering funds for a minor without a written contingent-fee agreement?

Plain-English summary

A guardian ad litem obtained court permission to pursue a minor's accident claim, but no attorney fee was specified. After obtaining recovery, the lawyer asked whether a percentage fee could be charged if the court awarded it.

The opinion said Rule 4-1.5(c) would not be violated if the court approved the fee as reasonable. It required the lawyer to tell the court that no written contingent-fee agreement existed. It also reminded the lawyer that Rule 4-1.5(c) required such agreements in writing and said future arrangements of this kind should receive court approval at the outset.

Currency note

This 1995 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: What condition did the opinion attach to this fee?

A: Court approval of the fee as reasonable.

Q: What had to be disclosed to the court?

A: That the lawyer lacked a written contingent-fee agreement.

Q: What did the opinion say about later matters?

A: It said this type of fee arrangement should be brought to the court for approval at the outset.

Background and rules framework

The opinion applied Missouri Rule 4-1.5(c) to the described guardian ad litem fee request. Its conditional conclusion depended on reasonable court approval and disclosure of the missing writing; it also recited the rule's written-agreement requirement.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.5(c)

See also

• Missouri Informal Op. 970123: Contingent fee and advanced costs
• Missouri Informal Op. 960025: Support contempt contingent fee

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950259/

Original opinion text

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

QUESTION: Attorney is guardian ad litem for a minor. The minor was involved in an accident and Attorney obtained leave of court to pursue the claim but no attorney fee was mentioned. Attorney has now obtained recovery for the minor and has asked the court to award a percentage as attorney´s fee. May Attorney charge this fee if the court authorizes it? ANSWER: In light of the fact that Attorney will be applying to the court for Attorney´s fee award, Attorney will not violate Rule 4–1.5(c) if the court approves it as a reasonable fee. In requesting that amount, Attorney must disclose to the court that Attorney does not have a written contingent fee agreement. Attorney should remember that Rule 4–1.5(c) requires contingent fee agreements to be in writing. A contingent fee agreement should be executed early enough in the representation that the client still has options and is not put in the position of negotiating with an attorney who has been representing the client for some time. In future situations of this kind, Attorney should seek approval of this type of fee arrangement from the court at the outset.