Certified Legal Professional (CLP) Practice Exam

Is it permissible for an attorney to take a fee contingent on the collection of a debt from a client’s ex-spouse?

1. Yes, as contingent fees are allowed in all cases

2. No, contingent fees are not allowed in domestic relations cases

3. Yes, as long as both parties agree

4. No, attorneys cannot charge fees for collecting alimony

The correct answer is: No, contingent fees are not allowed in domestic relations cases

Contingent fees are not permitted in domestic relations cases, which encompasses situations involving divorce and related financial matters such as alimony or child support. The rationale behind this restriction is tied to the sensitive nature of domestic relations cases, where the outcomes directly affect the lives of individuals and families. Courts and professional ethics guidelines prioritize the welfare of clients, ensuring that financial arrangements do not incentivize attorneys to act in ways that could exacerbate conflict or lead to unethical practices. In domestic relations, the aim is often to promote settlement and cooperation between parties rather than adversarial maneuvers that may arise from financial incentives. Therefore, the prohibition on contingent fees in these specific cases is set to maintain professional integrity and ensure that attorneys are working in the best interest of their clients, without the possible pressure of profit linked to the payment of debts or support obligations. This principle helps prevent potential conflicts of interest that could arise from an attorney's financial dependence on the outcome of domestic issues.