Referral fee rules · Illinois
Referral fees in Illinois
Illinois Rule of Professional Conduct 1.5(f) (formerly 1.5(e); renumbered by amendment effective July 1, 2023) · Distinctive rule — read carefully
Illinois expressly authorizes referral-based fee divisions but with a distinctive condition. A division is allowed if it is proportional to services performed, or if one lawyer's primary service is the referral itself and each lawyer assumes joint financial responsibility for the representation (financial responsibility as if the lawyers were general partners). The client must agree to the arrangement, including each lawyer's share, confirmed in writing, and the total fee must be reasonable. Illinois courts require strict, not substantial, compliance; a noncompliant agreement forfeits the referral fee.
What Illinois requires
- • Division proportional to services OR primary service is the referral plus each lawyer assumes joint financial responsibility
- • Client agrees to the arrangement, including each lawyer's share
- • Agreement confirmed in writing
- • Total fee is reasonable
- • Strict compliance required for enforceability
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.
Members can draft this in a minute
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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