SCF Consulting, LLC v. Barrack, Rodos & Bacine

CONCURRING AND DISSENTING OPINION

JUSTICE BAER

This appeal presents the issue of whether a law firm that enters into an -unethical fee-sharing agreement with a non-lawyer consulting firm may invoke the law firm’s own ethical malfeasance as a defense in a subsequent contract action to enforce the agreement.1 The Opinion Announcing the Judgment of the Court (“OAJC”) holds that while the unethical nature of the fee agreement does not render the contract per se unenforceable as a violation of public policy, the fee agreement may, nonetheless, be unenforceable if the non-lawyer bears responsibility…