Advisory Opinion:
1331
Year Issued:
1989
RPC(s):
RPC 1.2(d); 1.8(e); 3.3 (a); 4.1; 5.4(a)
Subject:
Division of fees with personal representative of an estate
The Committee reviewed your inquiry regarding whether you could share a portion of your legal fees with your client in lieu of her taking an executrix fee. The Committee was of the opinion that a number of provisions of the Rules of Professional Conduct would prohibit such a sharing of fees. First, the Committee was of the opinion that the purpose of this proposal from your client was to deceive the client's brother regarding whether the client had received any compensation for her duties as the executrix of the estate. The Committee was of the opinion this would violate RPC 1.2(d).
Further, the Committee was of the opinion that such conduct could be construed as offering financial payment which, although it is not an advance of costs, cannot be anything less than financial assistance prohibited by RPC 1.8(e). Further, the Committee was of the opinion that since you would be required to present the court with an accounting, failure to disclose payment of a fee to the executrix would be a fraud upon the tribunal and a violation of RPC 3.3(a). Similarly, the making of such a false statement of a material fact would constitute a violation of RPC 4.1. Finally, the Committee was of the opinion that such a sharing of legal fees was not within the exceptions provided by RPC 5.4(a).
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