Referral fee rules · Michigan

Referral fees in Michigan

Mich. R. Prof. Conduct (MRPC) 1.5(e) · Pure referral fee permitted

Michigan permits fee division between lawyers not in the same firm, including pure referral fees, if the client is advised of and does not object to the participation of all the lawyers involved and the total fee is reasonable. There is no requirement that the division be proportional to services or that lawyers assume joint responsibility, and no written client consent is required. Under Law Offices of Jeffrey Sherbow, PC v. Fieger & Fieger, PC (Mich. 2021), the referring lawyer must have had an attorney-client relationship with the person referred for the fee-split agreement to be enforceable.

What Michigan requires

  • Client advised of the participation of all lawyers involved
  • Client does not object (affirmative consent and writing not required by the rule)
  • Total fee is reasonable
  • Referring lawyer must have an attorney-client relationship with the referred person (Sherbow, 2021)

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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