Referral fee rules · Maryland

Referral fees in Maryland

Maryland Attorneys' Rules of Professional Conduct, Rule 19-301.5(e) (MARPC 1.5(e)) · Proportional work or joint responsibility

Maryland follows the Model Rule framework: fee division between attorneys in different firms is allowed only if the division is proportional to the services performed by each attorney or each attorney assumes joint responsibility for the representation, the client agrees to the joint representation with the agreement confirmed in writing, and the total fee is reasonable. Pure referral fees without work or assumed responsibility are prohibited. Maryland's text differs slightly from the ABA version in that it does not require disclosing the specific share each attorney will receive.

What Maryland requires

  • Division proportional to services OR each attorney assumes joint responsibility
  • Client agrees to the joint representation
  • Agreement confirmed in writing
  • 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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