R 5.4 - Professional Independence of a Lawyer

Question 1

Shall an attorney or a firm share legal fees with a non-lawyer?

Answer 1

Generally, the answer is no. But there are exceptions.

Question 2

What are the exceptions in which a lawyer or firm and share legal fees with a non-lawyer?

Answer 2

1. after the attorney death; the estate of the decedent.
2. the sale of an attorney who disappeared or died; the estate of the decedent or a representative.
3. compensation and retirement fund to the attorney’s non-lawyer staff.
4. share court awarded legal fees with a non-for-profit organization that employed the attorney.

Question 3

In the practice of law, can attorney form a partnership with a non-lawyer?

Answer 3

No, the attorney shall not form a partnership with a non-lawyer.

Question 4

Shall an attorney practice law for profit, if a non-lawyer has some type of ownership or interest in the firm?

Answer 4

No.

Question 5

It was instance may a non-lawyer have an interest in a firm that is for-profit?

Answer 5

When the interest was originally from an attorney and thereafter died and the representative of the estate of the deceased attorney hold the interest for a reasonable amount of time and then sales it.

Question 6

If the legal services are paid by a third party on behalf of the client, can the third party direct or regulate the attorney’s professional judgment?

Answer 6

The attorney shall not permit such instance.