Divorce lawyers generally can’t take cases on a contingency fee basis due to ethical rules and practical considerations:
Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in domestic relations cases (see Rule 1.5(d)
(d) A lawyer shall not enter into an arrangement for, charge, or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof[.]
Why might that be?
Conflict of interest concerns. A contingency fee could incentivize attorneys to push for higher monetary settlements rather than what might be best for the client’s overall interests (like child custody arrangements or fair division of property).
Uncertain “winning” metrics. Unlike personal injury cases with clear monetary damages, divorce cases involve complex distributions of marital property/assets, child and spousal support arrangements, and non-monetary outcomes (such as, but not limited to, child custody and parent-time awards) that don’t easily translate to a percentage-based fee structure.
In a contingency fee arrangement, the lawyer’s payment is typically a percentage of the monetary recovery from the case (e.g., settlement or judgment), which works well in cases where there is a financial award, such as personal injury or commercial litigation. In divorce cases, however, the financial aspects are often divided between the parties rather than awarded as damages.
Public policy considerations. Courts want to encourage reconciliation when possible and prevent financial incentives that might encourage divorce.
Unpredictable outcomes. Divorce proceedings often result in compromises rather than clear “wins,” making it difficult to determine when and how a contingency would be triggered.
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Instead of contingency fees, divorce attorneys typically charge using hourly rates, flat fees for specific services, or retainer arrangements where clients deposit funds that attorneys bill against as work is performed. These types of fee arrangements ensure that divorce attorney compensation is not tied to the outcome of the case in a way that could conflict with their professional responsibilities.
Utah Family Law, LC | divorceutah.com | 801-466-9277
