Question

Suppose that Lenny Lawyer enters into an agreement with Cindy Client that his fee will be a percentage of the recovery Lenny obtains for Cindy in her pending divorce. State law makes such a contingency fee arrangement illegal in divorce actions. What will be the probable outcome if Lenny attempts to enforce the agreement?

A)The contract will be valid. Cindy would not have been able to afford an attorney otherwise and therefore Lenny was doing a public service.
B) The contract will be voidable at Cindy's option.
C)The contract will be void as violating a statute. Lenny will not be able to recover anything.

Answer 1

The contract between Lenny Lawyer and Cindy Client will likely be void as it violates a state statute banning contingency fees in divorce actions, preventing Lenny from recovering any fees based on this agreement.

Step-by-step explanation:

If Lenny Lawyer attempts to enforce an agreement with Cindy Client where his fee is contingent upon the recovery in a divorce action, which is illegal according to state law, the probable outcome is that the contract will be void as it violates a statute. This means that Lenny will not be able to recover anything based on that agreement. The legal system enforces contracts to ensure that individuals can safely enter into agreements with the expectation of fulfillment. However, when a contract is in direct violation of a law, such as a contingency fee arrangement in a divorce action, it cannot be enforced. Consequently, despite any good intentions on the part of the lawyer, the contract will not be upheld by the court.