Ezel / Ethics Opinions / MOLEC

May a Missouri lawyer pay an agreed fee share after the other lawyer is disbarred before settlement?

Short answer Yes, if the share pays for work the other lawyer performed while licensed to practice in Missouri. The opinion permits payment after disbarment despite citing the fee-division and nonlawyer-fee-sharing rules.
Bar
MOLEC
Issued
2015

Apply this to your situation

This page answers the general question as of 2015. 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 2015
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

Two lawyers in different firms had an agreement to divide a fee under Rule 4-1.5(e). Before settlement, the other lawyer was disbarred. The opinion asks whether paying that lawyer’s share would violate the fee-division rule or Rule 4-5.4(a).

The opinion permits the division if the share is for work done while the other lawyer was licensed to practice in Missouri. Its answer expressly allows actual payment after disbarment on that condition.

In practice

For the stated agreement, the opinion makes the timing of the work decisive: the share must compensate work performed while the recipient held a Missouri law license. Payment may occur after disbarment.

Common questions

Q: Does disbarment before settlement automatically bar the agreed fee share?

A: No. The opinion permits payment for work performed while the recipient was licensed in Missouri.

Q: May payment occur after the disbarment?

A: Yes. The opinion expressly allows actual payment after disbarment on the stated condition.

Background and rules framework

The question cites Rule 4-1.5(e) on division of fees between lawyers in different firms and Rule 4-5.4(a) on fee sharing with a nonlawyer. The answer permits a share attributable to work done during licensure.

Citations and references

Missouri Rules of Professional Conduct:

  • Rules 4-1.5(e) and 4-5.4(a)

See also

Source

Original opinion text

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

Question: Where Attorney entered into an agreement for a division of a fee with a lawyer from another firm in accordance with Rule 4–1.5(e), and the other lawyer was disbarred before settlement, may Attorney divide the fee with the disbarred lawyer without violating Rule 4–1.5(e) or Rule 4–5.4(a)?

Answer: Attorney may divide the fee with the disbarred lawyer if the lawyer’s share is for work performed while the lawyer was licensed to practice law in Missouri, even though actual payment is made after the disbarment.

What do the rules say today, for your facts?

This opinion is from 2015. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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