Informal Opinion Number: 970045

QUESTION: Attorney wishes to employ a disbarred attorney. May the disbarred attorney: (1) act as an adjuster to negotiate settlements as long as licensed attorneys advise how much to accept in settlement; (2) accept the signature of a potential client on a lawyer/client contract which will be signed by a licensed attorney later; (3) request and gather medical records, police reports and other investigatory functions; (4) review and organize those types of records and other investigation material; (5) meet with the client after the client has accepted the settlement offer and explain the client´s settlement summary and accept the client´s signature of the release, insurance draft and settlement summary? ANSWER: The status of a disbarred lawyer is the same as any other non-attorney. (1) A non-attorney may not work for Attorney as a private adjuster. (2) A non-attorney may accept the signature on a lawyer/client contract, if that is all that is involved. However, the non-attorney may not explain the terms of the contract to the client. Therefore, it will be necessary for the client to meet with an attorney to have the contract explained prior to meeting with a non-attorney to sign the contract. (3) A non-attorney may request and gather medical records and police reports and perform other investigatory functions. (4) A non-attorney may review and organize medical records, police reports and other investigation material. (5) A non-attorney may meet with the client to explain the source of the figures on the settlement summary and the calculations involved. However, if there are any questions or an additional explanation is necessary, it would be necessary for the client to meet with an attorney. The non-attorney may not explain the legal impact of the settlement, including the finality of a full and final settlement.

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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