Ethics Opinions

Editor's Note: This opinion was originally published as RPC 155 (Second Revision).

 

Contingent Fees in Child Support Cases

 

Opinion rules that an attorney may charge a contingent fee to collect delinquent child support.

 

Inquiry:

 

May an attorney charge and collect a contingency fee in the amount of one-third of the funds collected for the recovery of delinquent child support when the custodial parent has insufficient means to defray legal expenses?

 

Opinion:

 

Yes. RPC 2. However, see Davis v. Taylor, 81 N.C. App. 42 (1986).