Missouri Court of Appeals, Southern District / Aug 4, 2023
NATIONWIDE TRANSFER LLC, D/B/A NATIONWIDE SETTLEMENT SOLUTIONS, and YOUR TIME SHARE STOPS HERE, LLC, D/B/A AMERICAN SETTLEMENT SERVICES, Appellants vs. NEALLY LAW, LLC, and JOSHUA NEALLY, Respondents
Appellants, timeshare exit companies, sued Neally Law, LLC, a law firm, for breach of contract and unjust enrichment related to an arrangement to assist Appellants' customers with timeshare releases. The circuit court denied all claims, finding the fee-splitting agreement for "Type B" matters unenforceable and that Appellants failed to prove unjust enrichment for "Type A" matters. The appellate court affirmed, holding that Missouri law prohibits fee-splitting between attorneys and lay agencies, and Appellants did not meet their burden to show unearned fees in "Type A" matters.