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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.