The short answer
What Illinois families should know.
Illinois Rule of Professional Conduct 1.5 prohibits specified contingent fees in domestic-relations matters, including fees tied to securing a divorce or the amount of alimony, support, or property settlement in lieu of it. Fee arrangements must also satisfy reasonableness and communication requirements.
Understand the prohibited contingency
A fee whose payment or amount depends on obtaining the divorce or the specified financial result presents the concern addressed by Rule 1.5(e). Changing the label to a success bonus does not resolve the substance of the arrangement. Discuss exactly how a proposed fee is calculated, when it is earned, and what expenses remain the client's responsibility. A lawyer's description of a desired result should not be mistaken for a guarantee that a court will award it.
Other billing structures require clear scope
The rule recognizes fixed fees and different forms of retainers, as well as hourly arrangements. The scope of representation and basis or rate of fees and expenses must be communicated as required by Rule 1.5. A flat fee for defined services does not necessarily include every later contested hearing. Ask what happens if the scope changes, how additional work is authorized, and how unearned funds are handled. The current rule prohibits nonrefundable fees and retainers and unreasonable restrictions on refunds.
Postjudgment collection has a distinct qualification
The rule's comment explains that the domestic-relations contingency prohibition does not preclude a contingent-fee contract for recovering postjudgment balances already due under support, alimony, or other financial orders. That limited distinction should not be generalized into permission to charge a percentage of any divorce outcome. The collection agreement still requires analysis under the applicable professional rules. When comparing proposals, compare both the defined legal work and likely costs rather than only the initial payment. Ask for the arrangement in writing so future questions can be answered from the actual agreement. Ask how advance payments are billed and accounted for under the proposed engagement. A clear explanation of hourly charges, costs, and replenishment terms can prevent confusion about what a payment purchases.
Prepare
Useful next steps
- Read the scope, fee calculation, expense terms, and treatment of unearned funds.
- Ask how contested litigation or additional proceedings affect the agreement.
- Distinguish an initial divorce case from collection of an existing judgment balance.
Avoid
Common missteps
- Assuming a success-fee label avoids a prohibited contingency.
- Comparing retainers without comparing the services covered.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.