Certified Legal Professional (CLP) Practice Exam

In a divorce case, why may an attorney be prohibited from charging a contingent fee for additional child support?

1. Contingent fees are only allowed in criminal cases

2. Model Rules prohibit contingent fee arrangements in domestic relations matters

3. Child support matters must be handled pro bono

4. Contingent fees can only apply to property settlements

The correct answer is: Model Rules prohibit contingent fee arrangements in domestic relations matters

An attorney may be prohibited from charging a contingent fee for additional child support because the Model Rules of Professional Conduct dictate that contingent fee arrangements are not permissible in domestic relations matters. This includes cases involving child support, custody, and divorce. The rationale behind this prohibition is to prevent any conflict of interest that could arise if an attorney's payment is tied to the amount of support awarded. Such a situation could potentially incentivize the attorney to push for higher amounts of support without considering the best interests of the child or the equitable treatment of the parties involved. In contrast to domestic relations matters, contingent fee arrangements are often appropriate in tort cases or other types of civil litigation where a client might seek monetary damages. The specific ethical guidelines regarding fees in family law aim to maintain the integrity of the attorney-client relationship and ensure that attorneys act in the best interests of their clients without financial motivations altering their legal strategy or advice.