Vogelhut v. Kandel

*186COUCH, Judge.

We shall here hold that where a discharged attorney-gives the files relating to his former client to a successor attorney in exchange for a promise by the successor attorney to give the discharged attorney twenty-five percent of any fee received by the successor attorney, there is an enforceable contract between the attorneys not involving the client. We further hold that such an agreement does not violate either Disciplinary Rule 2-106 or 2-107 of the Code of Professional Responsibility.

The facts of this case are as follows. Shirley Ellis retained the services of attorney Nelson…