Opinion 293
Question Presented
Where a lawyer and a non-lawyer are named in a will as independent co-executors and both qualify and serve as such, would it be a violation of Canon 31 for the lawyer and the non-lawyer to share the statutory commission for their services in administering the estate?
18 Baylor L. Rev. 361 (1966)
DIVISION OF LEGAL FEES - LAWYER SERVING AS INDEPENDENT CO- EXECUTOR
Statutory executor's commission may be divided between two co-executors, although one of them is a lawyer and the other is not.
Canon 31 prohibits the division with non-lawyers of "fees for legal services," but does not prohibit a lawyer from sharing compensation for other services with non-lawyers. Therefore, the statutory executor's commission may be divided between he co-executors provided that the lawyer's fee for legal services is not included in such commission and is not shared with the non- lawyer. (9-0.)
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 293 (1964)