Are contingent fees allowed in criminal matters?

• A. No.
• B. Yes, if in writing.
• C. Yes, with court approval.
• D. Only if the client consents.

Answer: (A)

Contingent fees are not allowed in criminal matters. This rule exists to prevent a lawyer’s financial incentive from influencing decisions that affect a defendant’s liberty, such as urging a conviction or pushing for a plea deal simply to increase fees, and to preserve independent, zealous, and loyal representation. The prohibition applies regardless of whether the agreement is in writing, or whether a court approves it, or whether the client consents. If the matter were allowed to depend on the outcome, it could compromise the defendant’s right to fair and impartial counsel. In contrast, contingent fees are generally permitted in civil matters under specific conditions, but not in criminal ones.