Referral fee rules · South Carolina
Referral fees in South Carolina
S.C. Rules of Professional Conduct Rule 1.5(e), Rule 407, SCACR · Proportional work or joint responsibility
South Carolina adopts the ABA model approach in Rule 1.5(e) of the Rules of Professional Conduct (Rule 407 of the South Carolina Appellate Court Rules). Fee division between lawyers not in the same firm is allowed only if the division is proportional to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation. The client must agree to the arrangement, including the share each lawyer will receive, confirmed in writing, and the total fee must be reasonable.
What South Carolina 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.
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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