Referral fee rules · Pennsylvania

Referral fees in Pennsylvania

Pa.R.P.C. 1.5(e) (204 Pa. Code § 81.4, Rule 1.5) · Pure referral fee permitted

Pennsylvania permits pure referral fees. A lawyer may divide a fee with a lawyer not in the same firm if the client is advised of and does not object to the participation of all the lawyers involved, and the total fee is not illegal or clearly excessive. There is no proportionality or joint-responsibility requirement, no written-consent requirement, and no requirement to disclose the share each lawyer receives.

What Pennsylvania requires

  • Client advised of and does not object to participation of all lawyers involved
  • Total fee not illegal or clearly excessive
  • No proportionality or joint-responsibility requirement
  • No writing or share-disclosure requirement in the rule text

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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