Ezel / Ethics Opinions / WSBA
WSBA 1989

Can a suspended lawyer still collect a share of contingent fees on cases handled before the suspension?

Short answer: The committee concluded that a suspended lawyer may be paid his share of a contingent fee for services performed before the suspension, on a quantum meruit basis, based on the value of the services performed.

Apply this to your situation

This page answers the general question as of 1989. 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 1989
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.
Disclaimer: Advisory only. Not binding precedent.
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

The inquiry asked whether a suspended lawyer may share contingent legal fees generated from cases he was representing prior to his suspension. The committee was of the opinion that the suspended lawyer may be paid his share of a contingent fee for the services he performed prior to suspension. It tied the recovery to a quantum meruit measure, based on the value of the services he performed rather than on the full contingent share.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Can a suspended lawyer collect any part of a contingent fee?

A: Under this 1989 opinion, yes, for services performed before the suspension.

Q: How is the suspended lawyer's share measured?

A: On a quantum meruit basis, based on the value of the services the lawyer actually performed before suspension.

Background and rules framework

The committee did not cite a specific Rule of Professional Conduct. It resolved the inquiry on the principle that a suspended lawyer's entitlement to a contingent fee is limited to the value of services performed before suspension, measured by quantum meruit.

Citations and references

Rules of Professional Conduct:

  • None cited in the opinion.

See also

Source

Original opinion text

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

The Committee reviewed your inquiry regarding the question of whether a suspended lawyer may share contingent legal fees generated as a result of cases he was representing prior to his suspension. The Committee was of the opinion that the suspended lawyer may be paid his share of a contingent fee for services performed prior to his suspension, upon a quantum meruit basis, based upon the value of the services he performed.

Get today's answer for your situation

You just read a 1989 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.