Question: Where Attorney entered into an agreement for a division of a fee with a lawyer from another firm in accordance with Rule 4-1.5(e), and the other lawyer was disbarred before settlement, may Attorney divide the fee with the disbarred lawyer without violating Rule 4-1.5(e) or Rule 4-5.4(a)?
Answer: Attorney may divide the fee with the disbarred lawyer if the lawyer’s share is for work performed while the lawyer was licensed to practice law in Missouri, even though actual payment is made after the disbarment.

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.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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