(1) the division is in proportion to the services performed by each lawyer, or if the primary service performed by one lawyer is the referral of the client to another lawyer and each lawyer assumes joint financial responsibility for the representation
"(e) A division of a fee between lawyers who are not in the same firm may be made only if: Rule 1.5(e) applies to agreements for the division of fees between lawyers who are not in the same firm. Because the agreement did not strictly comply with Rule 1.5(e), the plaintiff was not entitled to the referral fees. The appellate court found strict compliance with Rule 1.5(e) is required for attorneys to receive referral fees. Plaintiff argued the agreements substantially complied with Rule 1.5(e).
#MASSACHUSETTS ATTORNEY REFERRAL FEE GUIDELINER ULE 1.5 PROFESSIONAL#
Defendant claimed he owed no fees because the attorney-client agreement they used did not strictly comply with Illinois Rule of Professional Conduct 1.5(e), which governs fee-sharing for referrals. In exchange for the referral, plaintiff received 50% of any attorneys' fees obtained from the referred cases.Īfter a few years, plaintiff sued defendant alleging various claims, but essentially alleging defendant had failed to provide plaintiff all of his share of the fees. Plaintiff, a workers' compensation attorney, would refer personal injury and medical malpractice cases to defendant. Two lawyers had an oral agreement for sharing fees.
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