Referral fee rules · South Dakota
Referral fees in South Dakota
S.D. Rules of Professional Conduct, Rule 1.5(e) (SDCL ch. 16-18, Appendix A) · Proportional work or joint responsibility
South Dakota follows the ABA Model Rule. Lawyers in different firms may divide a fee only if the division is in proportion 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, with the agreement confirmed in writing, and the total fee must be reasonable.
What South Dakota 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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