The MPRE, Complete

The Client-Lawyer Relationship · 10-16% of the exam

5.1.4Who may share a fee, and who may be paid for a referral, side by side

Three rules police the same money from three directions: Rule 1.5(e) for a split between lawyers, Rule 5.4(a) for a share going to a nonlawyer, and Rule 7.2(b) for anything of value paid for a recommendation. The exam picks one recipient and asks whether the payment is allowed. Side by side:

Who gets the money, and whether the Rules allow it

Who gets the moneyAllowed?ConditionsSource
A lawyer in the same firmYes, freelyRule 1.5(e) governs only a division "between lawyers who are not in the same firm"Rule 1.5(e)
A lawyer in another firmYes, if all three conditions are metThe division is in proportion to the services each lawyer performed, or each lawyer assumes joint responsibility for the representation; the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; the total fee is reasonableRule 1.5(e)(1) to (3); Comment [7]
A lawyer who only referred the case, did no work and takes no responsibilityNoFails Rule 1.5(e)(1): no services, no joint responsibility. Paying for the recommendation itself runs into Rule 7.2(b)Rule 1.5(e); Rule 7.2(b)
A lawyer who has left the firm, for work done while thereYesRule 1.5(e) does not prohibit or regulate dividing fees received later for work done while the lawyers were in the same firmRule 1.5(e) and its comment
Another lawyer or a nonlawyer professional under a reciprocal referral agreementNo money changes hands; only a swap of referralsIt must not be exclusive, and the client must be informed of its existence and nature. Comment [8]: except as provided in Rule 1.5(e), the lawyer must not pay anything solely for the referral, and the agreement must not interfere with the lawyer's professional judgment in making referrals or providing substantive legal servicesRule 7.2(b)(4); Comment [8]
A nonlawyer, in generalNoA lawyer or law firm shall not share legal fees with a nonlawyer, except as Rule 5.4(a)(1) to (4) allowRule 5.4(a)
The estate of a lawyer who has diedYesUnder an agreement with the lawyer's firm, partner or associate, money may be paid over a reasonable period after the lawyer's death to the estate or to one or more specified personsRule 5.4(a)(1)
The estate or representative of a lawyer who has died, become disabled or disappeared, for the practiceYesThe agreed purchase price of the practice, under Rule 1.17Rule 5.4(a)(2); Rule 1.17
Nonlawyer employeesYesThrough a compensation or retirement plan, even one based in whole or in part on a profit-sharing arrangementRule 5.4(a)(3)
A nonprofit organization that employed, retained or recommended the lawyerYesCourt-awarded legal fees onlyRule 5.4(a)(4)
Anyone, for recommending the lawyer's servicesNo, with five exceptionsThe reasonable costs of advertisements or communications; the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service; the purchase price of a law practice under Rule 1.17; a non-exclusive reciprocal referral agreement the client is told about; nominal gifts given as thanks that are neither intended nor reasonably expected to be compensation for recommending the lawyer's servicesRule 7.2(b)(1) to (5); Comment [2] for the ban, Comments [3] to [8] for the exceptions
A nonlawyer, as a partner in a law practiceNoA lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of lawRule 5.4(b)
5.1.4 Who may share a fee, and who may be paid for a referral, side by side · Chapter 5 · Open Bar Review