Could a lawyer share profits with a nonlawyer from a separate corporation selling legal-topic videos?

Plain-English summary

A lawyer proposed producing a video on a legal topic through a separate corporation and sharing that venture's profits with a nonlawyer.

The opinion characterized audio or video tapes for the general public on legal topics as outside the practice of law. On that basis, it said the profit split would not violate Rule 4-5.4.

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 the opinion treat the tapes as legal practice?

A: No. It said producing them for the general public was not practicing law.

Q: Could the nonlawyer share the venture's profits?

A: Yes. The opinion found no Rule 4-5.4 violation on those facts.

Background and rules framework

The opinion distinguished a separate public legal-topic media venture from law practice in applying Rule 4-5.4.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-5.4

See also

• Missouri Informal Op. 20020024: Separate financial planning practice
• Missouri Informal Op. 2011-02: Nonlawyer spouse's firm stock

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930176/

Original opinion text

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

QUESTION: Attorney proposes to produce a video on a legal topic. May Attorney form a separate corporation and share the profits from this venture with a non-attorney? ANSWER: The production of audio or video tapes for the general public on legal topics would not be the practice of law. Therefore, splitting the profits with a non-attorney would not violate Rule 4–5.4.