Opinion 1642

The Committee reviewed your inquiry regarding the sharing of fees with a disbarred lawyer. First, the Committee directed that I forward to you some previous Committee opinions on this topic [Informal Opinion 1273; Formal Opinion 184] . Next, the Committee was of the opinion that anything legally earned by the disbarred lawyer prior to the date of his suspension or disbarment, whichever came first, could properly be distributed to the lawyer. As to contingency fee cases, it is a question of law when fees are earned or credited. The Committee is of the opinion that the disbarred lawyer would be entitled only to his quantum meruit share of any such fee up to the date of suspension or disbarment only.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.