Ezel / Ethics Opinions / MOLEC

May a Missouri lawyer pay a deceased lawyer's lien when no estate has been opened?

Short answer No, unless the paying lawyer undertook to complete the deceased lawyer's unfinished work and pays a fair share to the estate under Rule 4-5.4(a)(2). Without an estate and that completion role, payment to another claimant would be prohibited nonlawyer fee sharing.
Bar
MOLEC
Issued
2017

Apply this to your situation

This page answers the general question as of 2017. 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 2017
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

Rule 4-5.4(a) generally prohibits sharing legal fees with a nonlawyer. Rule 4-5.4(a)(2) allows the lawyer completing a deceased lawyer's unfinished work to pay the estate a fair proportion for services the deceased lawyer performed.

When the paying lawyer did not undertake completion and no estate exists, the lawyer may not pay someone claiming a portion on the deceased lawyer's behalf.

In practice

Under this opinion, both the completing-lawyer role and payment to an estate define the exception.

Common questions

Q: May the completing lawyer pay the estate? A: Yes, a fair proportion.

Q: May another lawyer pay a claimant without an estate? A: No.

Q: Which rule controls? A: Rule 4-5.4(a)(2).

Background and rules framework

Rule 4-5.4(a) supplies the general bar and subsection (a)(2) the deceased-lawyer exception.

Citations and references

  • Missouri Rules 4-5.4(a) and 4-5.4(a)(2)

See also

Source

Original opinion text

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

Question: Is Attorney permitted to pay an attorney’s lien filed on behalf of a lawyer, now deceased, where no estate has been opened for the deceased lawyer?

Answer: Rule 4–5.4(a) prohibits Attorney from sharing legal fees with a nonlawyer, with certain exceptions. A lawyer who undertakes to complete unfinished legal business of a deceased lawyer may pay to the estate of the deceased lawyer a proportion of the fee that fairly represents the services rendered by the deceased lawyer. Rule 4–5.4(a)(2). Where Attorney is not the lawyer who has undertaken to finish the business of the deceased lawyer, and where no estate has been opened for the deceased lawyer, Attorney may not share legal fees with someone claiming a right to a portion of the legal fees on behalf of the deceased lawyer.

What do the rules say today, for your facts?

This opinion is from 2017. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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