RIEAP July 23, 1992

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

Short answer: The panel advised that a suspended attorney may be paid a fee based on quantum meruit for the fair value of services rendered before suspension, and that 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.

Apply this to your situation

This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1992
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

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

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

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).

Get today's answer for your situation

You just read a 1992 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.