Contempt charge

[socrateaser]

>1)  Would it be unethical or insulting to offer the attorney a
>bonus if she is able to accomplish reimbursement of costs for
>us?
>
>
>(Yes I do realize that YOU should actually be the recipient of
>said bonus, but that is not possible due to your anonymity.
>LOL)

How much money is we talkin' bout here? I'm amenable to a gift. LOL!

Anyway, your attorney can accept a gratuity if it is actually proposed with no strings attached (otherwise it's not a gift). However, your attorney cannot take a criminal matter on a contingency, because it creates an incentive for the attorney to falsify evidence to the court, so as to earn the contingency fee.

So, if you want to give a gift, then give a gift. But, don't offer money in exchange for a result, because your attorney can't accept, unless he wants to risk suspension or disbarrment.

PS. Personal Injury, wrongful death, product liability, negligence, contract claims, and collection actions, etc., are claims for which the attorney can accept a contingency fee. This is because it promotes the public policy of obtaining reasonable compensation for injuries suffered at the hands of others, and because such compensation tends to promote remedial measures by the defendant to prevent reoccurance.

However, with criminal matters, public policy suggests that obtaining the truth is the most important factor, and with family law matters, public policy is that attorneys should do nothing to discourage reconciliation, and that contingency fees tend to promote the estrangement of the parties, because the attorney may be disposed to stretch the truth in order to obtain a victory, which might be better lost, especially where a minor child is concerned, who's interests are potentially separate from those of either parent.

[Hazel]

eom