960196 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 960196

Rules: 1.5

Client-Lawyer Relationship

Fees

QUESTION: Attorney worked for a law firm and had an agreement that the firm received fifty percent of fees generated by the attorney. Attorney has left the firm and several clients in contingent fee cases have stayed with Attorney. No other attorneys at the firm worked directly on the cases but other attorneys did consult on the cases. The firm advanced costs and expenses on the cases. May Attorney honor the employment contract and share fifty percent of the fees with the firm if there is a recovery? ANSWER: Under Rule 4 dash–1.5(e), Attorney may share the ultimate fee with Attorney´s former firm in the agreed upon percentage, if Attorney´s former firm continues joint responsibility for the representation and the client is informed and agrees in writing. Otherwise, Attorney may only share the fee in proportion to the services performed while Attorney was with the firm.

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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