TRINITY CLARK, ET AL. v. LANCE BAKER

This appeal concerns Tenn. Sup. Ct. R. 8, Rule of Professional Conduct 1.5(e), an ethics rule requiring that a division of fees between lawyers who are not in the same firm be agreed to by the client in writing.  Trinity Clark (“Clark”) entered into a retainer agreement with attorney Troy Jones (“Jones”) on a 1/3 contingency fee.  Jones brought Clark’s matter to attorney Lance Baker (“Baker”), who was not in a firm with Jones.  Clark later entered an agreement with Baker on a 45% contingency fee.  The Clark-Baker agreement provided, in writing, that Baker could associate other attorneys on the case, but that Clark’s overall fee obligation would not increase.  The agreement neither identified any other attorneys nor specified how fees would be divided between them.  After Clark’s case settled, Clark sued Baker in the Circuit Court for Knox County (“the Trial Court”), alleging Baker’s fee was unreasonable.  Jones joined the lawsuit, arguing he was entitled to a share of the fees (“Plaintiffs,” Jones and Clark collectively).  Baker filed a motion for summary judgment.  The Trial Court denied Baker’s motion, finding that both the Clark-Jones agreement and the Clark-Baker agreement were invalid for noncompliance with Rule 1.5(e).  This interlocutory appeal followed.  We find the Clark-Jones agreement invalid.  However, with respect to the Clark-Baker agreement, we find that the entire arrangement and Clark’s assent thereto satisfied Rule 1.5(e).  We reverse on this issue and find that the Clark-Baker agreement is not invalid for failure of compliance with Rule 1.5(e).  We affirm, in part, and reverse, in part.