---
title: "Screen an outcome-based fee against Rule 1.5(c) and (d)"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-does-not-calculate-the-fee-from-the-outcome/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-PE20261022-24-US"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Screen an outcome-based fee against Rule 1.5(c) and (d)

> Say whether the draft makes the fee depend on the outcome, and whether the matter is one of the domestic-relations outcomes or the criminal defence that paragraph (d) names. Do not approve the fee.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-does-not-calculate-the-fee-from-the-outcome/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Say whether the draft makes the fee depend on the outcome, and whether the matter is one of the domestic-relations outcomes or the criminal defence that paragraph (d) names. Do not approve the fee. |
| What the lawyer must review | You decide whether this fee may be contingent. Rule 1.5(c) permits a fee contingent on the outcome of the matter except in a matter where a contingent fee is prohibited by paragraph (d) or other law. Paragraph (d)(1) bars a fee in a domestic relations matter the payment or amount of which is contingent upon securing a divorce or upon the amount of alimony or support, or a property settlement in lieu of that. Paragraph (d)(2) bars a contingent fee for representing a defendant in a criminal case. Comment [6] says paragraph (d) does not preclude a contingent fee for representation to recover post-judgment balances due under support, alimony, or other financial orders. Comment [3] says a contingent fee remains subject to the reasonableness standard in paragraph (a), and that applicable law may impose a ceiling on the percentage or require the lawyer to offer an alternative basis. These pages do not prohibit calculating a fee from the outcome outside paragraph (d) and other law, and they state no civil penalty. The tool does not decide that other law allows the fee. |
| Written for | United States |
| Applies to | [Check a costs agreement does not calculate the fee from the outcome](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-does-not-calculate-the-fee-from-the-outcome.md) |

## Checking plan

- What the AI does: Say whether the draft makes the fee depend on the outcome, and whether the matter is one of the domestic-relations outcomes or the criminal defence that paragraph (d) names. Do not approve the fee.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A state may ban or cap contingent fees in matters the Model Rule allows. Open that state's rule.
- Paragraph (d) is not a ban on every fee in a family-law matter. Read the contingency the paragraph describes.

## Sources

- [ABA Model Rule 1.5, Fees](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/) (checked 2026-10-22)
- [ABA Model Rule 1.5, Comment](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/comment_on_rule_1_5/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*