Referral fee rules · Hawaii
Referral fees in Hawaii
Hawaii Rules of Professional Conduct, Rule 1.5(f) · Distinctive rule — read carefully
Hawaii places its fee-division rule at 1.5(f), not 1.5(e), and it is stricter than the ABA Model Rule. The division must be in proportion to the services performed by each lawyer AND each lawyer must assume joint responsibility by written agreement with the client (both conditions, not either-or). The client must also be advised of and not object to the participation of all lawyers, and the total fee must be reasonable. Pure referral fees are not permitted.
What Hawaii requires
- • Division proportional to services performed by each lawyer
- • Each lawyer assumes joint responsibility via written agreement with the client
- • Client advised of and does not object to all lawyers' participation
- • Total fee is reasonable
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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