Could successor counsel share a case fee with a suspended former lawyer?

Plain-English summary

A lawyer took over a matter from a lawyer who had been suspended and asked whether some collected fees could be paid to the former lawyer.

The opinion allowed sharing fees with the suspended lawyer as long as that lawyer had earned them before the suspension.

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Was payment to the suspended lawyer categorically barred?

A: No. The opinion allowed payment for fees earned before suspension.

Q: Did the answer permit fees earned during suspension?

A: No. Its permission was limited to fees earned before suspension.

Background and rules framework

The published answer addressed fee timing around suspension without citing a numbered rule.

See also

• Missouri Informal Op. 20000133: Former Firm Fee Offset

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000195/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney is handling a case that was previously handled by an attorney who has been suspended. Attorney would like to pay the suspended attorney some of the attorney fees collected on the case. Is this permissible?

ANSWER: It is permissible for Attorney to share fees with a suspended attorney, as long as that attorney earned the fees prior to suspension.