Which settlement and intake tasks may a disbarred lawyer perform as a nonlawyer employee?

Plain-English summary

The opinion treats a disbarred lawyer employed by a firm as a nonlawyer. It rejects having that person act as a private adjuster to negotiate settlements. It permits gathering, reviewing, and organizing medical and police records and other investigation material.

For intake, the nonlawyer may take a client’s signature on a lawyer-client contract, but may not explain its terms; the client must first meet with a lawyer for that explanation. For a settlement already accepted, the nonlawyer may explain the source of figures and calculations, but a lawyer must handle further questions or explanation. The nonlawyer may not explain the settlement’s legal effect or finality.

Currency note

This opinion was issued in 1997, 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: May the disbarred lawyer gather and organize case records?

A: Yes. The answer permits gathering medical and police records and performing investigation, review, and organization tasks.

Q: May the disbarred lawyer explain a retainer or settlement’s legal effect?

A: No. The answer reserves contract explanation and legal settlement explanation for an attorney.

Background and rules framework

The published question and answer describe permitted and prohibited nonlawyer tasks without citing a numbered professional-conduct rule.

See also

• Missouri Informal Op. 970081: Inactive Lawyer as Paralegal
• Missouri Informal Op. 2010-0005: Disbarred Lawyer Fees

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/970045/
• 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 wishes to employ a disbarred attorney. May the disbarred attorney: (1) act as an adjuster to negotiate settlements as long as licensed attorneys advise how much to accept in settlement; (2) accept the signature of a potential client on a lawyer/client contract which will be signed by a licensed attorney later; (3) request and gather medical records, police reports and other investigatory functions; (4) review and organize those types of records and other investigation material; (5) meet with the client after the client has accepted the settlement offer and explain the client´s settlement summary and accept the client´s signature of the release, insurance draft and settlement summary? ANSWER: The status of a disbarred lawyer is the same as any other non-attorney. (1) A non-attorney may not work for Attorney as a private adjuster. (2) A non-attorney may accept the signature on a lawyer/client contract, if that is all that is involved. However, the non-attorney may not explain the terms of the contract to the client. Therefore, it will be necessary for the client to meet with an attorney to have the contract explained prior to meeting with a non-attorney to sign the contract. (3) A non-attorney may request and gather medical records and police reports and perform other investigatory functions. (4) A non-attorney may review and organize medical records, police reports and other investigation material. (5) A non-attorney may meet with the client to explain the source of the figures on the settlement summary and the calculations involved. However, if there are any questions or an additional explanation is necessary, it would be necessary for the client to meet with an attorney. The non-attorney may not explain the legal impact of the settlement, including the finality of a full and final settlement.