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?

Short answer The opinion answered yes for a custodial parent without means to pay legal expenses, citing RPC 2, but added: "However, see Davis v. Taylor, 81 N.C. App. 42 (1986)."

Bar

NCSB

Issued

October 29, 1993

Apply this to your situation

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

How much weight this carries: Opinions adopted under North Carolina's earlier rules (the "RPC" series, 1985-1997, and the "CPR" series, 1974-1985) are binding unless overruled (27 N.C.A.C. 1D .0101(j)). Formal ethics opinions since 1997 are issued by the State Bar Council to give guidance and to establish principles of ethical conduct. 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

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 added, "However, see Davis v. Taylor, 81 N.C. App. 42 (1986)," flagging a qualification to the answer.

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 Treat this page as historical context, not current guidance.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: The opinion answered yes where the custodial parent lacks means to pay legal expenses, citing RPC 2, but immediately added, "However, see Davis v. Taylor."

Q: Does the opinion point to any related authority?

A: Yes. The opinion added, "However, see Davis v. Taylor, 81 N.C. App. 42 (1986)," after its answer.

Background and rules framework

The inquiry concerned a one-third contingent fee to recover delinquent child support for a custodial parent without means to pay legal expenses. The answer cites RPC 2 and adds, "However, see Davis v. Taylor."

Citations and references

Cases:

Davis v. Taylor, 81 N.C. App. 42 (1986)

Other opinions cited:

North Carolina RPC 2

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).

What do the rules say today, for your facts?

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

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