ISBA Development Site
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This website is for ISBA staff use only. All visitors should return to the main ISBA website.
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,
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.