The lawyer who worked on my client's case before me was later suspended. Can the suspended lawyer or the firm be paid, and can I contact them about the fee?

Plain-English summary

The inquiring attorney sought advice regarding the payment of legal fees to another attorney, who practiced for a professional corporation before being suspended from the practice of law. The attorney asked whether the prior attorney or the professional corporation is entitled to a fee for work performed on the case, and whether the attorney may contact the prior attorney to discuss a fee division.

The panel concluded that the suspended attorney may be paid fees for services provided based on quantum meruit, the fair value of services rendered before suspension, citing Ethics Advisory Opinions 91-71 and 92-3. The panel was of the opinion that the attorney can pay the fee to either the suspended attorney or the corporation, and that the attorney may contact the suspended attorney to discuss the matter.

In practice

Under this opinion, a suspension does not forfeit a lawyer's entitlement to be paid for work done before the suspension. The opinion measures that entitlement by quantum meruit, treats either the suspended attorney or the professional corporation as a proper payee, and permits successor counsel to communicate with the suspended attorney to work the fee out.

Common questions

Q: Can a lawyer who was later suspended still be paid for earlier work on the case?

A: Per the opinion, yes; the suspended attorney may be paid on a quantum meruit basis for the fair value of services rendered before suspension.

Q: Should the fee go to the suspended attorney or to the professional corporation?

A: Per the opinion, the attorney can pay the fee to either the suspended attorney or the corporation.

Q: May I contact the suspended attorney to discuss the fee?

A: Per the opinion, yes; the attorney may contact the suspended attorney to discuss the matter.

Background and rules framework

The opinion resolves the inquiry on the principle that a suspended lawyer's compensation for pre-suspension work is measured by quantum meruit, the fair value of services rendered, rather than by any particular Rule of Professional Conduct, and relies on the panel's prior fee opinions (91-71 and 92-3).

Citations and references

Rules of Professional Conduct:

• None cited.

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• RI EAP Opinion 91-71 (quantum meruit for a prior attorney's services)
• RI EAP Opinion 92-3 (fair value of services rendered)

See also

• RI EAP Op. 92-52: A Prior Attorney's Disputed Fee Lien
• RI EAP Op. 92-42: Mixed Contingent and Fixed Fee in the Same Matter

Currency note

This opinion was issued in 1992 (Opinion 92-54), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2092-54.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS ADVISORY PANEL
Opinion 92-54, Request #277
Issued July 23, 1992

An attorney seeks Panel advice regarding the payment of legal fees to another attorney who practices for a professional corporation before the other attorney was suspended from the practice of law. The attorney asks whether the prior attorney or the professional corporation is entitled to a fee for work performed on the case and whether the attorney may contact the prior attorney to discuss a fee division.

The Panel agrees that the suspended attorney may be paid fees for services provided based on quantum meruit; the fair value of services rendered before suspension. See, Ethics Advisory opinions 91-71 and 92-3. The Panel is of the opinion that the attorney can pay the fee to either the suspended attorney or the corporation and the attorney may contact the suspended attorney to discuss this matter.