20060069 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20060069

Rules: 4–5.3; 4–5.4

Law Firms and Associations

Responsibilities Regarding Nonlawyer Assistants; Professional Independence of a Lawyer

Subject: Professional Independence of Lawyer; Supervision of Nonlawyers

Summary: use of nonlawyer to prepare and settle insurance claims, compensating nonlawyer based upon settlement amount

QUESTION: A non-attorney with experience in the insurance field inquired of Attorney as to the legality of using experience and training to assist attorneys with preparing and settling insurance claims in the State of Missouri. The non-attorney would be acting independently, rather than under Attorney’s control and supervision. The non-attorney would handle case preparation, including taking statements, obtaining medical records, correspondence regarding the case, and negotiation with insurers and others. The non-attorney would provide attorney with a recommended settlement value. The compensation schedule would be based on the amount of recovery. Would this violate Rule 4 dash–5.5? If not, does the contractual arrangement constitute an impermissible splitting of attorney’s fee under Rule 4 dash–1.5?
ANSWER: The arrangement, as described, would not be permissible. It would not be permissible under Rule 4 dash–5.3 for the non-attorney to act without supervision by Attorney. Second, a compensation schedule based on the amount of the recovery would constitute fee sharing with a non-attorney, which is prohibited by Rule 4 dash–5.4.

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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