Are there any appellegate attorneys who work on contingencies?

Asked over 1 year ago - Eugene, OR

if got little in the divorce, then how do I appeal a case when judge ruled unfairly against evidence? ex gets to keep all the assets in divorce and gives me little.even though his income is about $250k a year, I get almost nothing?

Attorney answers (3)

  1. Jay Bodzin

    Contributor Level 20

    5

    Lawyers agree

    Answered . Not for divorce cases. Rule 1.5(c)(1) of the Oregon Rules of Professional Conduct prohibits attorneys from working for a contingency fee in a domestic relations case.

    Actually, I would be surprised if any attorney would take any appellate case on a purely contingent basis. There are two reasons: first, most appellate cases don't actually result in a money award, even if you win (although they might include an award for reasonable attorney fees). Rather, they're more likely to result in a new trial, with the trial court directed to consider or decide one particular issue differently.

    Second, appeals are a huge amount of work, that can occupy a large part of a lawyer's time for months on end. Lawyers need to eat too.

    But, as I said, there can be a provision for attorney fees if you do win on an appeal. You can consult with an attorney who specializes in domestic relations appeals to see whether the matter is worth pursuing.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As the prior responder states there are ethical rules against taking a matrimonial case in a contingency. That should be the entire answer rather than the economics of why a lawyer would be reluctant to take an appeal on a contingency.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Anne Whalen Gill

    Contributor Level 13

    Answered . Your best bet is if your case has an aiisue that could result in an award of attorney fees. However, almost no attorneys will work for the length of time an appeal takes in the hope of eventually getting an order awarding fees.

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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