Can a lawyer divide fees under a contract with another lawyer who is about to be suspended from practice?
Apply this to your situation
This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned a fee agreement to divide fees with another lawyer who, it appeared, would be suspended from the practice of law for a period of 90 days.
The committee was of the opinion that the lawyer, if suspended, is still entitled to whatever fee is provided for pursuant to the contract. It added a caution: assuming the matter is a contingent fee case, the suspended lawyer would be entitled to no fees for services performed while that lawyer was suspended.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules then numbered RPC 1.5 (fees) and RPC 5.4(a) (sharing legal fees) correspond to Model Rules 1.5 and 5.4(a) and were later amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.
Common questions
Q: Does a suspended lawyer lose the fee owed under an existing fee-division contract?
A: Per the opinion, no for the contract fee itself. The committee was of the opinion that the lawyer, if suspended, is still entitled to whatever fee is provided for under the contract.
Q: Can the suspended lawyer be paid for work done during the suspension?
A: No, in a contingent fee case. The committee cautioned that the suspended lawyer would be entitled to no fees for services performed while that lawyer was suspended.
Background and rules framework
The opinion applies the rules then numbered Washington RPC 1.5 (fees) and RPC 5.4(a) (sharing of legal fees), corresponding to Model Rules 1.5 and 5.4(a). The committee distinguished the suspended lawyer's contractual entitlement to a fee already provided for from compensation for services performed during the suspension, denying the latter in a contingent fee case.
Citations and references
Rules of Professional Conduct:
- Washington RPC 1.5 (fees), corresponding to Model Rule 1.5.
- Washington RPC 5.4(a) (sharing of legal fees), corresponding to Model Rule 5.4(a).
See also
- WSBA Ethics Op. 953: practicing with or employing a suspended lawyer
- WSBA Ethics Op. 1154: dividing a referred fee where a conflict limits the referring lawyer
- WSBA Ethics Op. 1072: a referral fee paid to a lawyer who refers a case but does no work
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=252
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1172
Year Issued: 1988
RPC(s): RPC 1.5; 5.4(a)
Subject: Division of fees with lawyer to be suspended
The Committee reviewed your inquiry concerning a fee agreement to divide fees with another lawyer who it appears will be suspended from the practice of law for a period of 90 days. The Committee was of the opinion that the lawyer, if suspended, is still entitled to whatever fee is provided for pursuant to the contract, with the caution that, assuming this is a contingent fee case, the suspended lawyer would be entitled to no fees for services performed while that lawyer was suspended.
Get today's answer for your situation
You just read a 1988 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.