Referral fee rules · Wisconsin
Referral fees in Wisconsin
Wis. SCR 20:1.5(e) · Distinctive rule — read carefully
Wisconsin's rule differs from the Model Rule and offers three pathways, all requiring a reasonable total fee. First, a division based on the services performed by each lawyer, where the client is advised of and does not object to each lawyer's participation and is told if the fee will increase. Second, payments between lawyers who formerly practiced together under a separation or retirement agreement. Third, an express referral pathway: on referral, each lawyer must assume the same ethical responsibility for the representation as if the lawyers were partners in one firm, and the client must be informed of the referral terms, including each lawyer's share and any fee increase, and consent in a writing signed by the client.
What Wisconsin requires
- • Total fee must be reasonable in all cases
- • Path 1: division based on services performed, client advised, does not object, told of any fee increase
- • Path 2: separation or retirement agreement between lawyers who formerly practiced together
- • Path 3 (referral): each lawyer assumes ethical responsibility as if partners, client informed of terms and shares, consents in a signed writing
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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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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