Could counsel use a contingent fee tied to past-due maintenance or child support recovered through a contempt action?

Plain-English summary

The question proposed a contingent fee for filing a contempt action, measured as a percentage of past-due maintenance or child support collected because of that action. The opinion answered yes. It supplied no further conditions or numbered rule in the published answer.

Currency note

This 1996 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 recovery would determine the fee?

A: The proposed fee was a percentage of past-due maintenance or child support collected as a result of the contempt action.

Background and rules framework

The published answer is limited to the contingent-fee arrangement described in the question. It cites no rule, statute, or case and provides no broader fee analysis.

See also

• Missouri Informal Op. 970217: Contingent fee for marital property
• Missouri Informal Op. 970123: Contingent fee and advanced costs

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960025/

Original opinion text

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

QUESTION: May Attorney enter into a contingent fee contract to file a contempt action in which Attorney agrees that Attorney´s fee will be a percentage of any amounts of any past due maintenance or child support collected as a result of filing the contempt action? ANSWER: Yes.