Attorney Referrals – Burger Law

Burger Law frequently co-counsels with lawyers throughout the Midwest in personal injury cases.

What many lawyers don’t realize is that the Missouri Rules of Professional Conduct promote referrals and co-counsel relationships.

Rule 4-1.1 tells us that clients are best served by an attorney with the legal knowledge, skill, thoroughness and preparation reasonably necessary for competent representation.

Moreover, Rule 1.5(e) helps facilitate fee splitting and ensures fees are split in a manner that is fair to both attorneys. Both of these rules were designed to ensure that a client in need has the best possible lawyer for their case.

We share contingency fees with referring lawyers per ethics Rule 1.5(e). This ensures that fees are split in a fair and ethical manner. We are always willing to take calls from lawyers and offer our thoughts about cases and legal issues for free.

We can help other lawyers through direct referrals, co-counseling, and serving as trial counsel.

Here are my top ten things to know about co-counseling:

1. We work under the referring lawyer’s fee agreement. No one knows the client like the referring lawyer. She and the client arranged a fee agreement that worked best given the client’s legal issue.

2. Division of fees does not have to be proportional to services rendered. Rule 4-1.5(e) permits lawyers to divide a fee either on the basis of the proportion of services they render or if each lawyer assumes responsibility for the representation as a whole.

Comment 7 to the rule notes that “Joint responsibility for the representation entails financial and ethical responsibility for the representation as if the lawyers were associated in a partnership.”

3. Our fees are reasonable. Rule 4-1.5(a) requires that lawyers charge fees that are reasonable under the circumstances. The same rule requires that expenses for which the client will be charged must be reasonable. At Burger Law, we keep our fees reasonable and our costs low.

4. We take cases from out-of-state attorneys. The Missouri Bar expressly allows Missouri attorneys to serve as co-counsel and split fees with an attorney not licensed in Missouri. Informal Opinion No. 2018-05.

Like in all co-counsel scenarios, sharing a fee with an out-of-state attorney is allowed when the division is in proportion to the services performed by each lawyer or if each lawyer assumes joint responsibility for the representation; if the client agrees to the association in writing; and the total fee is reasonable.

5. Transparency and open communication with clients are essential. Enforceable fee sharing agreements require the client to be notified of the agreement in writing. Rule 4-1.5(e); Londoff v. Vuylsteke, 996 S.W.2d 553, 558-59 (Mo. App. E.D. 1999).

While informing the client of how much of the fee each attorney will receive is not required, Rule 4-1.5, Comment 7, doing so is a good way to foster trust and positive relationships with your clients.

6. To be enforceable, fee-splitting agreements must comply with the Rules of Professional Conduct. The Missouri Court of Appeals has held that “an agreement to share attorney fees that does not comply with Rule 4-1.5(e) is unenforceable.” Neilson v. McCloskey, 186 S.W.3d 285, 28 (Mo. App. E.D. 2005). At Burger Law, we have the experience to make a fee-splitting agreements that are fair and enforceable for the attorneys involved.

7. We can take your case to trial. At Burger Law, we understand that you might not need outside assistance until your case is set for trial. Rule 4-1.5(e) specifically contemplates that lawyers may need special help in taking a case to trial. See Rule 4.15(e), Comment 7.

8. We can help with the cost of litigation. Complex personal injury, medical malpractice, and workers’ compensation cases often entail a lot of up-front expenses. At Burger Law, we generally finance cases and pay all expenses.

9. We can help with expert witnesses. Finding the right expert witness can make or break your case. We can help find, depose, and examine the expert that will help maximize the client’s recovery.

10. We are the lawyers other lawyers trust. Attorneys regularly turn to Burger Law to serve as co-counsel for their clients. We present CLEs to help teach other attorneys the ins and outs of civil litigation.

At any given time, a large percentage of our practice is made up of cases involving car wrecks, truck crashes, medical malpractice, wrongful death, and workers’ compensation claims.

For more, here’s an OCDC article on fees and here’s some advisory opinions on fees.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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