Tuesday, May 25, 2010

Contingent Fee Allowed In Domestic Partner Litigation

The Ethics Committee of the South Dakota State Bar opines that a contingent fee may be charged in a contract action betwen domestic partners. Rule 1.5(d) prohibits such arrangement in domestic relations actions involving divorce, support or the value of a property settlement. The claims here do not fall within the prohibitions:

...since the desired recovery is based on a cash transaction for the purchase of real property, it is much more in the nature of an ordinary contract action than a domestic relations action. It is therefore not subject to the restrictions of Rule 1.5(d) and a contingent fee is permissible.

(Mike Frisch)


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The United States is one of the only countries with contingent fee attornies. I think that we may have hit an all time low when attornies are able to take contingent fees for suits against spouses. It is becoming more evident that the only way to avoid contingent fee attorneies is through irrevocable trust asset protection because if you do not own it, they cannot get it. They would rather go after low hanging fruit.

Posted by: Rocco Beatrice | Aug 25, 2010 7:51:32 AM

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