In which situations are contingent fees prohibited?

Contingent fees are specific arrangements in which a lawyer's fee is dependent on the outcome of a case, typically a percentage of the monetary recovery. The principle behind prohibiting contingent fees in domestic relations and criminal cases is that these types of cases involve sensitive issues where outcomes can significantly affect individuals' lives, families, and society.

In domestic relations cases, such as divorce or child custody matters, the motivation behind the attorney's work should focus on providing legal assistance rather than being influenced by financial gain tied to the results. This helps ensure that lawyers prioritize their clients' best interests without the pressure of financial incentives tied to the outcome of emotionally charged issues.

In criminal cases, allowing contingent fees could undermine the integrity of the legal process. The ethical concern arises from the idea that a lawyer might prioritize financial gain over the defendant's defense or proper legal representation. This protection is in place to uphold the fundamental right to a fair trial and the proper administration of justice.

Therefore, the prohibition of contingent fees in these two contexts reflects an understanding of the ethical obligations of attorneys to avoid potential conflicts of interest and prioritize their clients' well-being above financial considerations.