Can I charge a contingent fee to collect past-due alimony and child support, and can I co-sign a loan so my client can pay my fee?

Plain-English summary

The inquiring attorney asked about the appropriateness of a contingency fee arrangement in collecting past-due alimony and past-due child support, and about the appropriateness of co-signing a loan for a client that would enable the client to pay the legal fee.

On the first question, the panel took the position that it is proper to use a contingent fee arrangement for the collection of past-due alimony as well as past-due child support, but that this type of arrangement would be improper when seeking to obtain increased alimony or increased child support, citing Rule 1.5(d)(1) of the Rhode Island Rules of Professional Conduct.

On the second question, the panel took the position that under Rule 1.8(j) an attorney may assist the client in obtaining a loan but cannot be a co-signor of the note.

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 1.5(d)(1) and 1.8(j) as Rhode Island numbered them at the time. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, including the rule on financial assistance to clients. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Can I take a contingent fee to collect past-due support?

A: Per the opinion, yes, for the collection of past-due alimony and past-due child support.

Q: Can I take a contingent fee to get support increased?

A: Per the opinion, no. A contingent fee arrangement would be improper when the objective is to obtain increased alimony or child support, under Rule 1.5(d)(1).

Q: Can I co-sign my client's loan so the client can pay my fee?

A: Per the opinion, no. Under Rule 1.8(j) the attorney may assist the client in obtaining a loan but cannot be a co-signor of the note.

Background and rules framework

The opinion applies Rhode Island Rules 1.5(d)(1) and 1.8(j), corresponding to Model Rules 1.5 (fees) and 1.8 (conflict of interest: current clients, specific rules). Rule 1.5(d)(1) prohibits contingent fees in domestic relations matters tied to securing a divorce or the amount of alimony, support, or property settlement; the panel treated collecting an existing arrearage as outside that bar but seeking an increase as within it. Rule 1.8(j), as Rhode Island then numbered it, governs the attorney's financial dealings with a client; the panel read it to allow helping the client obtain a loan while forbidding the attorney from co-signing the note.

Citations and references

Rules of Professional Conduct:

• MR 1.5 (fees)
• MR 1.8 (conflict of interest: current clients, specific rules)
• RI RPC 1.5(d)(1), RI RPC 1.8(j)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-78: Contingent Fees and Child Support
• RI EAP Op. 2022-02: A Contingency Fee May Apply to Damages Plus Court-Awarded Attorney Fees

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2092-02.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL

Opinion #92-2, Request #199
Issued January 14, 1992

An attorney seeks Panel advice concerning the appropriateness of a contingency fee arrangement in collecting past due alimony and past due child support and also the appropriateness of co-signing a loan for a client which will enable the client to pay the legal fee.

The Panel is of the opinion that it is proper to use a contingent fee arrangement in regard to collection of past due alimony as well as past due child support, but this type of arrangement would be improper when seeking to obtain increased alimony or increased child support. See Rule 1.5(d)(1) of the Rhode Island Rules of Professional Conduct.

In connection with the second inquiry, the Panel takes the position that under Rule 1.8(j) an attorney may assist the client in obtaining a loan but cannot be a co-signor of the note.