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This website is for ISBA staff use only. All visitors should return to the main ISBA website.
Whether a lawyer may charge a contingent fee for seeking to identify and recover unclaimed property of a client is dependent on the extent of the lawyer’s knowledge of various factors at the time of undertaking the representation. However, such a fee, even if otherwise appropriate, must be reasonable.
Law firm can properly pay former partner share of contingent fee earned after partner left firm to become State’s Attorney as long as payment is part of separation agreement under Rule 1.5(j) and payment does not violate public policy concerns; former partner’s disqualification from private practice as State’s Attorney does not bar payment to former partner of share of fee earned by firm after partner withdrew when paid as part of separation agreement; former partner sharing fee under Rule 1.5(j) need not retain responsibility for matter, share fee proportionally to service performed, get client consent or make disclosures required for fee sharing, all as required by Rules 1.5(f) or (g) .
An attorney may enter into a contingent fee agreement to represent a client in post-judgment proceedings to determine property rights in a dissolution of marriage case where one of the former spouses has died, provided the fee agreement is written and reasonable in amount.
A lawyer cannot take an additional amount in legal fees for reducing a lien payment which is above and beyond the percentage of the lawyer’s fees agreed to by the client in the contingency fee agreement with the lawyer.
A contingent fee agreement in post-judgment dissolution of marriage, collection and bankruptcy proceedings, if written and reasonable in amount, is not in violation of the Rules of Professional Conduct.
It is not professionally improper for attorney to represent corporate client under stated "contingent" fee arrangement, provided said arrangement violates no other laws; advertising such "contingent" fee arrangements, within limits imposed by Rules, is also not professionally improper.
An attorney, following disbarment, discharge by the client, or other disqualification, has a right to recover the reasonable value of services rendered to the client up to the time of disbarment,discharge or disqualification.