May a Vermont lawyer charge a contingent fee to collect overdue child support or spousal maintenance after divorce?
Apply this to your situation
This page answers the general question as of 1995. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer retained by a custodial spouse to collect child-support arrears asked whether a contingent fee could cover past-due and future payments. Applying former DR 2-106, the committee permitted a contingent fee to collect delinquent child support or spousal maintenance after a final divorce. It also saw no ethical bar to collection against the delinquent party's estate.
The committee said the fee arrangement should be disclosed to the court so the court could consider the child's needs when ordering delinquent payments. A contingent fee relating to future support could be based only on a reasonable percentage of each payment when received; the opinion rejected a fee based on the present value of uncertain future payments.
Currency note
This opinion was issued in 1995 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history states that the Rules of Professional Conduct applied to lawyer conduct after September 1, 1999. Later amendments or opinions may have changed the analysis. Treat this opinion as historical context and verify current rules before relying on it.
Common questions
Q: Can a contingent fee apply to support arrears after divorce?
A: Yes. The committee concluded that former DR 2-106 permitted such an agreement once the divorce was final, and said the fee arrangement should be disclosed to the court.
Q: Can the fee be calculated from the present value of future support?
A: The committee said a fee for future payments had to be a reasonable percentage of each payment when received, because future payments might not arrive or might be reduced by court order.
Background and rules framework
The opinion applied former DR 2-106 and discussed EC 2-20's caution concerning domestic-relations contingent fees. It distinguished a contingent fee for overdue payments from a fee on ongoing payments after the work to obtain them had concluded.
Citations and references
Rules of Professional Conduct:
- Vermont Code of Professional Responsibility DR 2-106, DR 2-106(B), and EC 2-20
Other opinions cited:
- Vermont Advisory Ethics Opinion 91-17, concerning past-due temporary disability payments
- Professional Conduct Board Opinion 3, concerning ongoing disability payments after services concluded
See also
Source
- Landing page: Vermont Bar Association fees opinions
- Original PDF: Opinion 95-12
- Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”
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