Informal Opinion Number: 20040021

QUESTION: Attorney works for a non-attorney owned company that represents claimants in Social Security disability hearings and appeals. If the claimant is found disabled, Social Security regulations authorize the withholding of attorney fees from past due benefits but does not authorize payment to a non-attorney representative. May the company’s attorneys request the fee be withheld, then turn the check over to the company as payment for services rendered by the non-attorney representative? Would that be fee sharing?

ANSWER: Attorney’s letter raises issues about assisting in the unauthorized practice of law. Attorney should read In Re Mid-America Living Trust Associates, Inc., 927 S.W.2d 855 (Mo. Banc 1997) and In Re First Escrow, Inc., 840 S.W.2d 839 (Mo. Banc 1992).

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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