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Contingent Fees in Child Support Cases

Adopted: October 29, 1993

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

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

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).

 

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