Could a successor lawyer share fees with a predecessor expected to be disbarred before the case ended?

Plain-English summary

A successor lawyer took over a case from a lawyer who had pleaded guilty to a felony. Final disposition and any fee award were expected after the predecessor's disbarment.

The opinion allowed sharing fees if the predecessor was licensed when performing the legal services. It cited no numbered rule.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did later disbarment itself bar a fee share?

A: No, on the stated licensing condition.

Q: When did the predecessor need to be licensed?

A: At the time the legal services were performed.

Background and rules framework

The opinion addressed a fee share for work done by a predecessor before expected disbarment. It cited no numbered rule.

See also

• Missouri Informal Op. 2010-0005: Disbarred lawyer's prior-work fee
• Missouri Informal Op. 960196: Former firm's contingent fee

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930079/

Original opinion text

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

QUESTION: Attorney has assumed representation in a case which was previously handled by an attorney who has pled guilty to a felony. Final disposition of the case, including any award of attorney fees, will probably occur after the previous attorney is disbarred. May the current attorney share the attorney fees with the previous attorney? ANSWER: Yes, as long as the previous attorney was licensed at the time the legal services were performed.