Referral fee rules · Mississippi

Referral fees in Mississippi

Miss. R. Prof. Conduct 1.5(e) · Proportional work or joint responsibility

Mississippi permits fee division between lawyers not in the same firm only if the division is in proportion 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. The rule tracks the pre-2002 ABA Model Rule, so lawyer shares need not be disclosed and a writing is only required for the joint-responsibility route.

What Mississippi requires

  • Division proportional to services performed, or joint responsibility assumed by written agreement with the client
  • Client advised of and does not object to participation of all lawyers
  • Total fee is reasonable
  • Writing required only for the joint-responsibility option; shares need not be disclosed

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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