May an attorney handle a suit to recover child support arrearages or to determine future support rights on a contingent fee basis?
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This page answers the general question as of 1980. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.
Plain-English summary
The committee considered whether an attorney could accept a suit to recover arrearages in child support and/or a determination of future support rights on a contingent fee basis. It concluded that doing so would be ethically improper.
Currency note
This opinion was issued in 1980, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note states that Rule 1.5(d)(1) and Comment [3a] now codify the circumstances in which lawyers may handle family law matters on a contingent fee basis. 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 Treat this page as historical context, not current guidance.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: Could an attorney take a child support case on a contingent fee?
A: Under this 1980 opinion, no. The committee found it ethically improper to accept a suit for child support arrearages or future support rights on a contingent fee basis.
Q: Did this cover both past-due and future support?
A: Yes. The opinion addressed both recovery of arrearages and a determination of future support rights.
Background and rules framework
The opinion treated contingent fees in child support matters as improper under the former Code. The committee note maps the question onto current Virginia Rule 1.5(d)(1) and Comment [3a], corresponding to ABA Model Rule 1.5 on fees and the limits on contingent fees in domestic relations matters.
Citations and references
Rules of Professional Conduct:
- Virginia Rule 1.5(d)(1) and Comment [3a] (contingent fees in family law matters) (cited in the committee note)
- ABA Model Rule 1.5 (fees)
See also
- VA LEO 588: Contingent Fee for a Child Support Arrearage
- VA LEO 667: Four-Factor Test for Contingent Fees on Child Support Arrearages
- VA LEO 423: No Contingent Fee on a Property Settlement
- VA LEO 405: Contingent Fee for Alimony Arrearages
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0363.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LEGAL ETHICS OPINION 363
CHILD CUSTODY/SUPPORT – CONTINGENT FEE.
It would be ethically improper for an attorney to accept a suit to recover arrearages in child support and/or a determination of future support rights on a contingent fee basis.
Committee Opinion
March 10, 1980
Legal Ethics Committee Notes. – Rule 1.5(d)(1) and Comment [3a] codify the circumstances in which lawyers may handle family law matters on a contingent fee basis.
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