Referral fee rules · Delaware
Referral fees in Delaware
Del. Lawyers' R. Prof. Conduct 1.5(e) · Pure referral fee permitted
Delaware permits fee division without regard to whether the division is proportional to services or whether each lawyer assumes responsibility for the representation, which its own Comment [7] states expressly. A division between lawyers not in the same firm is allowed if the client is advised in writing of, and does not object to, the participation of all lawyers involved, and the total fee is reasonable. The rule does not require disclosing to the client the share each lawyer will receive.
What Delaware requires
- • client advised in writing of participation of all lawyers
- • client does not object
- • total fee reasonable
- • no proportionality or joint-responsibility requirement; share amounts need not be disclosed
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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Jurisdictions with a similar rule
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