Could the first lawyer receive 10% of a one-third fee after an associated out-of-state lawyer tried the case?

Short answer On the stated facts, the opinion found that a 10%/90% division between the two lawyers would not violate Missouri Rule 4-1.5(e).

Bar

MOLEC

Issued

1994

Apply this to your situation

This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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

A lawyer hired for an out-of-state auto accident associated with a lawyer in that state. The associated lawyer tried the case and a substantial judgment was obtained, while the first lawyer remained involved.

The total fee was one third. The client consented to a division giving the first lawyer 10% of the attorneys' fee and the trial lawyer 90%. On those facts, the opinion found no violation of Rule 4-1.5(e).

Currency note

This 1994 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: What split did the opinion consider?

A: Ten percent to the lawyer who remained involved and 90% to the out-of-state trial lawyer.

Q: Did the client consent?

A: Yes. The question states that the client consented to that division.

Q: What did the opinion conclude?

A: The stated arrangement would not violate Rule 4-1.5(e).

Background and rules framework

The opinion applied Missouri Rule 4-1.5(e) to the proposed division of a one-third fee between the two lawyers on the stated facts.

Citations and references

Rules of Professional Conduct:

Missouri Rule 4-1.5(e)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940154/

Original opinion text

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

QUESTION: Attorney was hired to represent a client who was in an auto accident in a distant state. Attorney associated with an attorney in that state. The total attorney fee will be one third. A substantial judgment was obtained. Attorney remained involved in the case but it was tried by the attorney in the other state. The proposed division of fees among the attorneys is 10% to Attorney and 90% to the attorney from the other state. The client has consented to this division. ANSWER: Based upon these facts, this arrangement would not violate Rule 4–1.5(e).

What do the rules say today, for your facts?

This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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