Referral fee rules · Kentucky

Referral fees in Kentucky

Kentucky Supreme Court Rule (SCR) 3.130(1.5)(e) · Proportional work or joint responsibility

Kentucky permits fee division between lawyers in different firms only if the division is proportional to the services performed by each lawyer or, by written agreement with the client, each lawyer assumes joint responsibility for the representation. The client must be advised of and not object to the participation of all lawyers involved, and the total fee must be reasonable. Unlike the current ABA Model Rule, Kentucky's text does not require disclosure of the specific share each lawyer will receive; the writing requirement attaches to the joint-responsibility route.

What Kentucky requires

  • Division proportional to services OR joint responsibility assumed by 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.

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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