Topic > Divorce Case Study and Legal Advice - 1006

She paid you $1000 as an initial retainer, but as you progress through the case you realize that she and her husband will not reach an agreement regarding the issues of division and custody of the property. W has no cash reserves from which to pay you enough money to fund a full trial on these matters. However, there is a large amount of equity in the marital home, which she proposes to sell as part of the divorce. Then he offers to give you a mortgage on the marital home to cover your future legal expenses. What is your answer? Explain. Modern Rules of Professional Conduct Rule 1.8(i) states: “A lawyer may accept property in payment for services, such as an ownership interest in a business, provided this does not involve the acquisition of an ownership interest in the case of the action or in the subject matter of the litigation contrary to Rule 1.8(i).”Based on the Model Rules of Professional Conduct, my response would be that I am unable to accept such a payment arrangement, because the marital assets are part of the divorce