Legal Question in Family Law in Massachusetts

contingency fees in divorce

My ex husband has no money because of years as an active heroin abuser. Now the good old boy is sober and has aquired an Attorney who is defending him in our divorce. Husband signed quitclaim deed 4 yrs ago. Now husband claims fraud. His Attorney

is working hard to win his ''rightfully'' share so she can get paid. This Attorney never filled the financial statement as how shes getting paid. She left it BLANK. I was told she is getting paid after she wins the case for him!

Can she do this? I thought contingency was against the rules for domestic and criminal cases.

No one seems to know the answer to this one.

HELP!!!! This guy is a REAL menipulator...but isn't all drug addicts.

Thank You


Asked on 4/23/08, 11:31 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: contingency fees in divorce

An attorney may not accept a divorce case on a contingency basis. This is a basis where, by th written contract, the attorney gets paid only if there is a marital settlement, AND in a percentage of the settlement.

All attorneys can take on cases without a retainer, however.

Even a recovering heroin addict has a claim to a share in the marital estate. Indeed, one of the factors in determining both alimony and property division is future need. A truly recovered addict has a future need to rebuild. You and your attorney want to take at least a -little- care in how you vilify the man (as you seem to), because you might just face a judge who believes in the "illness" model of addiction instead of the "misconduct" model.

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Answered on 4/24/08, 6:03 am


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