Referral fee rules · West Virginia
Referral fees in West Virginia
W. Va. Rules of Professional Conduct, Rule 1.5(e) (as amended eff. Jan. 1, 2015) · Distinctive rule — read carefully
West Virginia's baseline mirrors the Model Rule with softer consent language: the division must be in proportion to the services performed or, by written agreement with the client, each lawyer must assume joint responsibility; the client must be advised of and not object to the participation of all lawyers; and the total fee must be reasonable. Distinctively, Rule 1.5(e)(4) provides a contingent-fee referral safe harbor deeming the services-performed and joint-responsibility requirements satisfied when a lawyer in full-time practice evaluates a case and forwards it to a more experienced lawyer, the client is told the receiving lawyer will be primarily responsible and that fees will be divided, and the total fee is reasonable.
What West Virginia requires
- • Division proportional to services OR joint responsibility by written agreement with the client
- • Client advised of and does not object to participation of all lawyers
- • Total fee is reasonable
- • Contingent-fee referral safe harbor: full-time practitioner evaluates and forwards case to a more experienced lawyer, client advised of primary responsibility and fee division
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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Jurisdictions with a similar rule
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