Can a lawyer charge a one-third contingent fee to collect delinquent child support for a custodial parent who cannot afford to pay legal fees up front?
Apply this to your situation
This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current North Carolina Rules of Professional Conduct, with citations.
Plain-English summary
The inquiry asked whether an attorney may charge and collect a contingent fee of one-third of the funds collected to recover delinquent child support when the custodial parent has insufficient means to defray legal expenses.
The opinion concluded that the attorney may, citing RPC 2. It directed readers to Davis v. Taylor, 81 N.C. App. 42 (1986).
Currency note
This opinion was issued in 1993, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer take a contingent fee to collect overdue child support?
A: Yes. The opinion concluded that a one-third contingent fee on funds recovered for delinquent child support is permissible where the custodial parent has insufficient means to pay legal expenses, citing RPC 2.
Q: Does the opinion point to any related authority?
A: Yes. The opinion directed readers to Davis v. Taylor, 81 N.C. App. 42 (1986).
Background and rules framework
The opinion addressed contingent fees under North Carolina Rule 2.6, the fee provision corresponding to Model Rule 1.5, relying on its earlier opinion RPC 2 and pointing to the decision in Davis v. Taylor. The narrow holding turns on the custodial parent's inability to afford legal expenses in a delinquent-support collection.
Citations and references
Rules of Professional Conduct:
- MR 1.5 (fees; contingent fees)
- North Carolina Rule 2.6 (per RPC 2)
Cases:
- Davis v. Taylor, 81 N.C. App. 42 (1986)
Other opinions cited:
- North Carolina RPC 2 (contingent fees)
See also
- NC Ethics Op. RPC 174: fees for the collection of med-pay
- NC Ethics Op. RPC 158: advance payment of legal fees
- NC Ethics Op. RPC 165: confession of judgment in a child-support matter
Source
- Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-155/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Editor's Note: This opinion was originally published as RPC 155 (Second Revision)
Inquiry:
May an attorney charge and collect a contingency fee in the amount of one-third of the funds collected for the recovery of delinquent child support when the custodial parent has insufficient means to defray legal expenses?
Opinion:
Yes. RPC 2. However, see Davis v. Taylor, 81 N.C. App. 42 (1986).
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