Ezel / Ethics Opinions / MOLEC

May a lawyer pay a disbarred lawyer from a contingent fee for work done before disbarment?

Short answer Yes. The opinion permits payment for work the disbarred lawyer performed while licensed, even when payment occurs after disbarment.
Bar
MOLEC
Issued
2010

Apply this to your situation

This page answers the general question as of 2010. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2010
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer asked whether a now-disbarred attorney could be paid from a contingent fee for work performed on the case while the attorney was licensed.

The opinion permits that compensation even though the payment itself occurs after disbarment. It does not identify a particular rule or address work performed after disbarment.

In practice

The opinion permits payment for the disbarred attorney’s work while licensed, with payment after disbarment.

Common questions

Q: Can payment occur after disbarment?

A: Yes. The opinion expressly permits later payment for work completed while the attorney was licensed.

Q: What work does the answer cover?

A: Only the disbarred attorney’s work on the case while licensed is addressed.

Q: Does the opinion cite a particular conduct rule?

A: No rule is cited in the published question and answer.

Background and rules framework

The published answer addresses compensation timing and the attorney’s licensed status when the work was done. It does not cite a rule number.

See also

Source

Original opinion text

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

QUESTION: May Attorney compensate a disbarred attorney from the contingency fee payable on a case for work the disbarred attorney performed on the case while licensed?

ANSWER: Attorney may compensate a now-disbarred attorney for work performed while the attorney was licensed to practice law, even though the actual payment is made after the disbarment.

What do the rules say today, for your facts?

This opinion is from 2010. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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