20000090 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000090

Rules: 4–1.5

Client-Lawyer Relationship

Fees

Subject: Fees - Generally

Summary: combination fee arrangement with small upfront payment and contingency fee

QUESTION: Attorney has been approached by children of a decedent to represent them on a contingent fee basis in attempting to secure what they believe is their portion of their decedent´s intestate estate. There is a dispute involving other family members. Is it appropriate to draw a contract where Attorney obtains a small retainer up front and agree to thereafter represent them on a contingency fee basis?

ANSWER: The fee agreement Attorney proposes would not, on its face, violate Rule 4 dash–1.5, relating to fees. The overall fee must be reasonable, taking into account the factors set forth in that rule. The reasonableness of the actual fee should be reviewed at the conclusion of the representation.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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