20000133 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000133

Rules: 4–8.4

Maintaining the Integrity of the Profession

Misconduct

Subject: Fees - Division of Fees; Misconduct - Generally

Summary: lawyer keeping all of contingent fee instead of sending it to former law firm when law firm owes lawyer money

QUESTION: Attorney previously worked for a different firm. There was no employment contract. Attorney was paid a salary, reimbursed for mileage and also received a small share of attorney fees collected on any case in the firm that Attorney handled. Attorney changed firms over a year ago, but is still owed several thousand dollars in unreimbursed mileage and attorneys fees earned. Attorney has made numerous written demands for payment to no avail. While at the previous firm, Attorney handled a Social Security case from beginning to end and was the sole attorney of record. Attorney recently received a check from the Social Security Administration made payable to Attorney alone, which represents the attorneys fees approved by the Court. Attorney would like to keep the check and give the other attorney credit for the money that Attorney is owed. The client signed the petition for approval of attorney fees stating that he agreed to have the fees withheld. Would keeping the check be an ethical violation?

ANSWER: As long as Attorney is honest and forthright with Attorney´s former employer, the disposition of the fee in the Social Security case is a matter for civil law. Other than Attorney´s obligation to be honest, the ethical rules do not address this situation.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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