May a departing lawyer pay a former firm fifty percent of a contingent fee after clients follow the lawyer?

Short answer The opinion permits the agreed percentage under Rule 4-1.5(e) if the former firm retains joint responsibility and the informed client agrees in writing. Otherwise, the share is limited to services performed while the lawyer was at the firm.

Bar

MOLEC

Issued

1996

Apply this to your situation

This page answers the general question as of 1996. 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 left a firm with an employment agreement allocating half of generated fees to the firm; several contingent-fee clients followed the lawyer. Other firm lawyers had consulted on the cases and the firm had advanced expenses.

The opinion permits the agreed percentage if the former firm continues joint responsibility and the client is informed and agrees in writing. Without those conditions, Rule 4-1.5(e) limits the firm’s share to services performed before departure.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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 conditions allow the agreed fifty-percent split?

A: Continued joint responsibility by the former firm and the informed client’s written agreement.

Q: What allocation applies without those conditions?

A: Only a share proportional to services performed while the lawyer worked at the firm.

Background and rules framework

The answer cites Rule 4-1.5(e) for fee division after the lawyer’s departure.

Citations and references

Missouri Rules of Professional Conduct:

Rule 4-1.5(e)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/960196/
Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Attorney worked for a law firm and had an agreement that the firm received fifty percent of fees generated by the attorney. Attorney has left the firm and several clients in contingent fee cases have stayed with Attorney. No other attorneys at the firm worked directly on the cases but other attorneys did consult on the cases. The firm advanced costs and expenses on the cases. May Attorney honor the employment contract and share fifty percent of the fees with the firm if there is a recovery? ANSWER: Under Rule 4–1.5(e), Attorney may share the ultimate fee with Attorney´s former firm in the agreed upon percentage, if Attorney´s former firm continues joint responsibility for the representation and the client is informed and agrees in writing. Otherwise, Attorney may only share the fee in proportion to the services performed while Attorney was with the firm.

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