Referral fee rules · California
Referral fees in California
Cal. R. Prof. Conduct 1.5.1 · Pure referral fee permitted
California permits pure referral fees with no proportionality or joint-responsibility requirement. Lawyers not in the same firm may divide a fee only if the lawyers enter into a written agreement to divide the fee, the client consents in writing (at the time of the lawyers' agreement or as soon after as reasonably practicable) after full written disclosure of the fact of the division, the identity of the lawyers or firms, and the terms of the division, and the total fee is not increased solely because of the division. The rule replaced former rule 2-200 in 2018 and does not apply to court-ordered fee divisions.
What California requires
- • written agreement between the lawyers to divide the fee
- • client written consent after full written disclosure of the division, the lawyers involved, and the terms
- • total fee not increased solely by reason of the division
Source: read the rule text
Educational summary, not legal advice. Rules change and several turn on the facts of the matter. Confirm against the current rule text and your own jurisdiction's version before agreeing to divide a fee. Remember that both the referring and receiving lawyer's rules can apply.
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The member tool takes both lawyers' jurisdictions, checks the division against each rule, flags anything that would not hold up, and drafts the agreement and the client consent. Membership is free.
Jurisdictions with a similar rule
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