Referral fee rules · New Mexico
Referral fees in New Mexico
Rule 16-105(F) NMRA · Proportional work or joint responsibility
New Mexico follows the ABA model approach under its Fee Splitting provision, Rule 16-105(F) NMRA. Lawyers not in the same firm may divide a fee only if the split is proportional to the services each performs or each lawyer assumes joint responsibility for the representation. The client must agree to the arrangement, including the share each lawyer will receive, with the agreement confirmed in writing, and the total fee must be reasonable. Commentary treats joint responsibility as financial and ethical responsibility as if the lawyers were partners.
What New Mexico requires
- • Division proportional to services OR each lawyer assumes joint responsibility
- • Client agrees to the arrangement, including each lawyer's share
- • 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.
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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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