Referral fee rules · Massachusetts
Referral fees in Massachusetts
Mass. R. Prof. C. 1.5(e) (S.J.C. Rule 3:07) · Pure referral fee permitted
Massachusetts allows fee division between lawyers in different firms, including pure referral fees, without any requirement that the split match work performed or that the referring lawyer assume joint responsibility. The only conditions are that the client is notified before or at the time of entering the fee agreement that a division will be made, consents to the joint participation in writing, and the total fee is reasonable. The rule expressly does not prohibit payments to former partners or associates under separation or retirement agreements.
What Massachusetts requires
- • Client notified before or at the time of the fee agreement that fees will be divided
- • Client consents to the joint participation in writing
- • Total fee is reasonable
- • No proportionality or joint-responsibility requirement; referring lawyer need not perform work
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
Need counsel in Massachusetts? Attorney Connect is a free, verified referral network where members place matters with attorneys in other states and track what happens next.
Find counsel in Massachusetts