CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Contingent Fee Contracts
............Validity
 14 Cards On This Topic:
  • Summary of Law: Contingent fees in domestic relations matters.
  • Statutory requirements for contingent fee contract.
  • Attorney cannot sue client for conspiracy to defraud by falsely promising to go to trial to induce attorney to change retainer agrmt from hourly to contingency—demurrer to complaint properly sustained.
  • Atty/client contingency fee agrmt voidable under B&PC 6147(a)(4) where agreement lacked statutorily required statement that success fees were negotiable; SA for clients appropriate.
  • Attys must return money withheld as contingency fee to client where handwritten modifications to contingency fee agreement did not comply with B&P 6147.
  • Contingent fee Ks approved in dissolutions, except for future support.
  • ABA Model Code disapproves use of contingent fee arrangements in domestic relations matters.
  • ABA Rules forbid of use of contingent fee arrangements in domestic relations matters.
  • Contingent fee K between attorney and client measured by dissolution result void as against public policy.
  • H's arrangement with attorney to receive 1/2 lottery winnings has no relation to W's substantial penalties for breach of her fiduciary duty to H.
  • Contingent fee K void as violative of public policy; gave attorney financial interest in furthering divorce.
  • If contingent fee K void, attorney may still recover for reasonable value of services.
  • Contingent fee Ks must be examined in light of facts of case to determine if promotive of divorce and void. May be enforceable.
  • If contingent fee K void, attorney may still recover in quantum meruit.


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