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092426P.pdf   07/09/2010  Patrick Eng  v.  Cummings, McClorey, Davis
   U.S. Court of Appeals Case No:  09-2426
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Smith,
   Circuit Judge]
Civil case - Declaratory Judgment. Assuming that the two law firms involved in this suit had a fee-splitting agreement, the agreement did not comply with the Missouri Rule 4-1.5(e) because it was not in writing; even if a letter from the defendant firm could be construed as a written agreement, it does not meet Rule 4-1.5(e)(1)'s joint responsibility requirement; the record in the case shows that defendant's actions did not rise to the level of joint responsibility; unenforceability of the alleged fee-splitting arrangement is fatal to the defendant firm's counterclaims for fraud, misrepresentation and unjust enrichment. Chief Judge Riley, concurring in part and dissenting in part.