Attorney Referrals
Your referral is your reputation. I treat it that way.
I pay referral fees on accepted matters, divided under rule 1.5.1 of the California Rules of Professional Conduct: a written agreement between us, your client’s written consent after full disclosure, and no increase in the fee your client pays.
How the fee is divided
Fees are divided under rule 1.5.1
California lets lawyers in different firms divide a fee when the three conditions of rule 1.5.1 of the California Rules of Professional Conduct are met. Unlike the ABA Model Rule, California does not require the referring lawyer to keep working on the case or to take on joint responsibility for it. I put all three conditions in writing at the start of every referred matter.
A written agreement
You and I sign a written agreement to divide the fee. A handshake is not enough, for either of us.
Rule 1.5.1(a)(1)
Your client’s written consent
The client consents in writing after full written disclosure that the fee will be divided, who the lawyers are, and the terms of the division. The rule calls for this when we make our agreement, or as soon afterward as reasonably practicable.
Rule 1.5.1(a)(2)
No added cost to the client
The total fee is not increased solely because it is divided. Your client pays the same contingency fee with the referral as without it.
Rule 1.5.1(a)(3)
Rule 1.5.1 replaced former rule 2-200 on November 1, 2018. No fee division exists until all three conditions are met, and not every referred matter is accepted.
Refer a matter