Ezel / Ethics Opinions / WISBAR

Can a lawyer handle the appeal of a divorce judgment on a contingent fee?

Short answer The opinion concluded that a lawyer may not accept a divorce appeal on a contingent fee where the fee is contingent on securing the divorce or on the amount of alimony, support, or property settlement in lieu thereof, because SCR 20:1.5(d)(1) prohibits such fees in domestic relations matters. A contingency based on something other than those specified items would not be barred.
Bar
WISBAR
Issued
1989
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1989. Ask about yours and see what the current Wisconsin Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
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 as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Opinion E-89-2 asked whether it is ethical for a lawyer to accept an appeal in a divorce case on a contingent fee basis. The committee answered no, unless the contingency on which the fee is based is something other than what is specified under SCR 20:1.5(d)(1). The committee quoted that rule, which provides that a lawyer shall not enter into an arrangement for, charge, or collect any fee in a domestic relations matter the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof. The opinion thus turned entirely on the text of the domestic-relations contingent-fee prohibition, treating an appeal of a divorce judgment as within that prohibition when the fee depends on those specified outcomes.

Currency note

This opinion was issued in 1989, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update). The fee rule SCR 20:1.5, including its domestic-relations contingent-fee provision, was later revised. 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 Treat this page as historical context, not current guidance.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 divorce appeal be taken on a contingent fee?

A: Per the opinion, no, where the fee is contingent on securing the divorce or on the amount of alimony, support, or property settlement, because SCR 20:1.5(d)(1) bars such fees in domestic relations matters.

Q: Is any contingency permissible in a divorce appeal?

A: The committee indicated that a fee contingent on something other than the items specified in SCR 20:1.5(d)(1) would not fall within the prohibition.

Background and rules framework

The opinion interpreted SCR 20:1.5 / Model Rule 1.5 (fees), specifically the domestic-relations contingent-fee prohibition in SCR 20:1.5(d)(1).

Citations and references

Rules of Professional Conduct:

  • Wis. SCR 20:1.5(d)(1) / Model Rule 1.5 (contingent fees in domestic relations matters)

See also

Source

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