Referral fee rules · New Jersey

Referral fees in New Jersey

N.J. RPC 1.5(e); N.J. Ct. R. 1:39-6(d) · Distinctive rule — read carefully

New Jersey has a two-track system. Under RPC 1.5(e), which opens 'Except as otherwise provided by the Court Rules,' lawyers in different firms may divide fees for legal services only if the division is in proportion to services performed or, by written agreement with the client, each lawyer assumes joint responsibility; pure referral fees are otherwise barred by RPC 7.2(c) and 7.3(d). Court Rule 1:39-6(d) creates an exception allowing attorneys certified by the Supreme Court (civil trial, criminal trial, matrimonial) to pay a referral fee to the referring lawyer without regard to services performed or responsibility assumed, paid out of, and not exceeding, the certified attorney's reasonable fee. The NJ Supreme Court held on February 18, 2025 that certified attorneys may pay such referral fees to out-of-state lawyers as well.

What New Jersey requires

• • Standard route (RPC 1.5(e)): division proportional to services, or joint responsibility by written agreement with the client; client notified; total fee reasonable
• • Referral-fee route (R. 1:39-6(d)): paying lawyer must be a NJ Supreme Court certified attorney
• • Referral fee permitted without regard to services performed or responsibility assumed by the referring lawyer
• • Referral fee is paid out of, and cannot exceed, the certified attorney's reasonable fee
• • Out-of-state referring lawyers may be paid (NJ Supreme Court, Feb. 18, 2025)

Source: read the rule text

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