930090 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 930090

Rules: 5.4;1.5;7.2(c)

Law Firms and Associations

Professional Independence of a Lawyer

QUESTION: (1) May a lawyer enter into a direct contractual relationship with a potential client where the lawyer agrees to provide certain specifically delineated legal services in return for payment of a regular monthly retainer? (2) If yes, may a lawyer hire direct employees or contract with an independent contractor to promote, market, and sell the plan? (3) May an employee be compensated with a salary and receive bonuses based on performance? (4) May an independent contractor be used and paid on a flat fee or commission basis? ANSWER: The answer to all questions is yes. Neither an employee nor an independent contractor may be paid on the basis of the amount of fees paid to the attorney or billed by the attorney for legal services. That conduct would violate Rule 5.4, fee splitting with a non-lawyer.

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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