Referral fee rules · Florida
Referral fees in Florida
R. Regulating Fla. Bar 4-1.5(g), 4-1.5(f)(4)(D) · Distinctive rule — read carefully
Florida starts from an ABA-like base in Rule 4-1.5(g): division between lawyers in different firms is allowed if the total fee is reasonable and either the division is proportional to services performed, or by written agreement with the client each lawyer assumes joint legal responsibility and agrees to be available for consultation, with the client's written agreement disclosing the basis of the split. But in personal-injury and similar contingency cases, Rule 4-1.5(f)(4)(D) overlays hard caps: the lawyer with primary responsibility must receive at least 75% of the fee and the secondary (referring) lawyer at most 25%, with any larger secondary share presumed clearly excessive unless the lawyers do substantially equal work and obtain court approval through a sworn petition. This quantitative cap plus court-approval mechanism makes Florida a distinct outlier.
What Florida requires
- • total fee reasonable
- • division proportional to services OR joint legal responsibility by written client agreement (incl. availability for consultation and disclosure of the split)
- • contingency cases: primary lawyer minimum 75%, secondary/referring lawyer maximum 25%
- • court approval via sworn petition required to exceed 25% where participation is substantially equal
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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