Could a lawyer share fees earned during a partnership with a former partner who had become a judge?

Short answer The opinion permitted sharing to the extent the fees were earned during the partnership, apportioned under the partnership agreement. It suggested the former partner might seek a Judicial Commission opinion.
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's former partner became a judge while contingent-fee matters of their partnership remained outstanding. The lawyer had performed all work on those matters during the partnership.

The opinion allowed fee sharing with the former partner to the extent the fees were earned during the partnership, with apportionment under the partnership agreement. It said the former partner might also contact the Judicial Commission for an opinion. It cited no numbered rule.

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: Could the lawyer share the fees with the former partner?

A: Yes, to the extent earned during the partnership.

Q: How were the fees to be apportioned?

A: Under the partnership agreement, according to the opinion.

Background and rules framework

The opinion tied permissible sharing to fees earned during the partnership and the partnership agreement. It cited no numbered rule.

See also

Source

Original opinion text

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

QUESTION: Attorney´s former partner is now a judge. Contingency fee cases of the partnership are still outstanding. May Attorney enter into an agreement to pay the former partner a portion of the fees received from these cases? Attorney performed all of the work on the contingency fee cases during the partnership. ANSWER: Attorney may share fees from these cases with the former partner to the extent the fees were earned during the partnership. The fees should be apportioned according to the terms of the partnership agreement. The former partner may also want to contact the Judicial Commission for an opinion.

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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