Informal Opinion Number: 930079

Rules: 5.4(a)
Law Firms and Associations
Professional Independence of a Lawyer

QUESTION: Attorney has assumed representation in a case which was previously handled by an attorney who has pled guilty to a felony. Final disposition of the case, including any award of attorney fees, will probably occur after the previous attorney is disbarred. May the current attorney share the attorney fees with the previous attorney? ANSWER: Yes, as long as the previous attorney was licensed at the time the legal services were performed.

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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