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Opinion 12

A member of a professional corporation law firm who has been appointed by the Governor as Judge of the Superior Court advises the Commission that he has retired from the firm and that his remaining partners have formed a new corporation. The new law firm will complete the handling of all cases being handled by his old firm at the time of his retirement and as fees are collected therefore he is to receive his pro rata share of these fees. As to legal matters which were completed as of the time of his retirement from the firm with respect to which a fee has not been collected, he will also receive his pro rata share of these fees. He will receive no part of any fees collected in connection with matters which were not pending with his firm at the time of his retirement.

The Commission is of the opinion that the foregoing is in all respects in keeping with the requirements of the Code of Judicial Conduct; provided, however, that the pro rata amount of fees collected on old cases is only his pro rata share of those fees earned at the time of his retirement from the firm.

[Pertinent Code of Judicial Conduct provisions: Rules 1.2(B), 2.4(C), 3.11(B), 3.11(D). Cross reference to other relevant opinions for review: #16, #35, #49, #130, #221.]

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