Referral fee rules · New York

Referral fees in New York

N.Y. Rules of Professional Conduct Rule 1.5(g) (22 NYCRR 1200.0) · Proportional work or joint responsibility

New York places its fee-division rule in Rule 1.5(g) rather than 1.5(e). A lawyer may not divide a fee with a lawyer outside the firm unless the division is proportional to services performed or, by a writing given to the client, each lawyer assumes joint responsibility for the representation. The client must agree to the other lawyer's employment after full disclosure that fees will be divided, including the share each lawyer will receive, with the client's agreement confirmed in writing. The total fee must not be excessive.

What New York requires

  • Division proportional to services OR joint responsibility assumed by a writing given to the client
  • Client agrees to employment of the other lawyer after full disclosure of the division, including each lawyer's share
  • Client's agreement confirmed in writing
  • Total fee not excessive

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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