Can I pay a lawyer who was suspended for the work they did on the case before the suspension?

Plain-English summary

The inquiring attorney sought advice regarding the ethical propriety of paying a suspended attorney a fee for services performed before suspension.

The panel concluded that the suspended attorney may be paid a fee based on quantum meruit for the fair value of services rendered before the suspension, citing Ethics Advisory Opinions 91-71 and 92-3. The panel added that, pursuant to Rule 1.5(e), a division of a fee between attorneys may be made only if the division is in proportion to the services performed by each attorney, citing Rule 1.5(e)(1).

In practice

Under this opinion, a lawyer's suspension does not extinguish the right to be compensated for work performed before the suspension. The opinion measures that compensation by quantum meruit and ties any division of the fee to Rule 1.5(e)(1)'s requirement that the division be in proportion to the services each attorney performed.

Common questions

Q: Can a suspended lawyer be paid for the work done before the suspension?

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

Q: How does Rule 1.5(e) apply to the payment?

A: Per the opinion, under Rule 1.5(e)(1) a fee division between attorneys may be made only if the division is in proportion to the services performed by each attorney.

Background and rules framework

The opinion applies Rhode Island Rule 1.5(e) (division of fees), corresponding to Model Rule 1.5(e). The panel read the suspended lawyer's entitlement as measured by quantum meruit for pre-suspension work and read Rule 1.5(e)(1) as permitting a division only in proportion to the services performed by each attorney.

Citations and references

Rules of Professional Conduct:

• MR 1.5 (fees; division of fees)
• RI RPC 1.5(e), 1.5(e)(1)

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. 92-54: Paying a Suspended Attorney for Pre-Suspension Work
• RI EAP Op. 92-52: A Prior Attorney's Disputed Fee Lien

Currency note

This opinion was issued in 1992 (Opinion 92-58), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.5 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended Rule 1.5 (fees), including the fee-division provisions. 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%2092-58.pdf

Original opinion text

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

ETHICS ADVISORY PANEL
Opinion 92-58, Request #281
Issued July 23, 1992

An attorney seeks Panel advice with regard to the ethical propriety of paying a suspended attorney a fee for services performed before suspension.

The Panel believes that the suspended attorney may be paid a fee based on quantum meruit for the fair value of services rendered before the suspension. See Ethics Advisory Opinion 91-71 and 92-3. Pursuant to Rule 1.5(e) a division of a fee between attorneys may be made only if "the division is in proportion to the services performed by each attorney." See Rule 1.5(e)(1).