Ezel / Ethics Opinions / MOLEC

What duties apply when a Missouri firm and departing lawyer dispute compensation or division of client fees?

Short answer They must cooperate so the client promptly receives undisputed funds and should consider the Missouri Bar's lawyer dispute-resolution program. Rule 4-1.5(e) does not regulate future fees for work performed while the lawyers were in the same firm.
Bar
MOLEC
Issued
2019

Apply this to your situation

This page answers the general question as of 2019. 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 2019
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 4-1.15(d) requires cooperation necessary for the client's timely receipt of funds not disputed between the firm and departing lawyer.

If their fee-division dispute persists, the opinion identifies The Missouri Bar's Lawyer-to-Lawyer Dispute Resolution Program. Rule 4-1.5(e) does not prohibit or regulate division of future fees for work performed while the lawyers were formerly in one firm.

In practice

Under this opinion, the lawyers' compensation dispute cannot delay undisputed client money, and the outside-lawyer fee-division rule does not retroactively govern work done within the old firm.

Common questions

Q: May the dispute delay client funds?

A: No. The lawyers must cooperate for prompt delivery of the undisputed amount.

Q: What resolution process does the opinion identify?

A: The Missouri Bar's Lawyer-to-Lawyer Dispute Resolution Program.

Q: Does Rule 4-1.5(e) govern the old firm's work?

A: No.

Background and rules framework

Rule 4-1.15(d) protects client funds, while Rule 4-1.5(e) Comment [8] addresses fees for work performed during the prior firm association.

Citations and references

  • Missouri Rules 4-1.5(e) and 4-1.15(d); Rule 4-1.5 Comment [8]

See also

Source

Original opinion text

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

Question: What steps can be taken by a firm and departing attorney having a dispute over compensation, professionalism, or other issues surrounding a lawyer’s departure from a firm?

Answer: Firm lawyers and a departing attorney who have a dispute about division of client fees have an obligation to cooperate as necessary to allow for the client’s timely receipt of funds in which the client has an undisputed interest. Rule 4–1.15(d). If a dispute between the firm and departing lawyer over proper division of the fee cannot be resolved, the involved lawyers should consider taking part in The Missouri Bar’s Lawyer-to-Lawyer Dispute Resolution Program. Rule 4–1.5(e), which governs the division of fees between lawyers not in the same firm, does not prohibit or regulate division of fees to be received in the future for work done when lawyers were previously associated in a firm. Rule 4–1.5(e), Comment [8].

What do the rules say today, for your facts?

This opinion is from 2019. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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