May Connecticut lawyers divide fees from an hourly family-law or other noncontingent matter?

Short answer Yes, if the referral fee is not outcome-contingent, the client receives written notice of the sharing and each lawyer's participation and does not object, and the total fee is reasonable.
Bar
CTBAR
Issued
May 21, 2014

Apply this to your situation

This page answers the general question as of 2014. Ask about yours and see what the current Connecticut Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2014
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The inquiry covered divorce, custody, support, separation agreements, prenuptial agreements, and other hourly matters not involving a court appointment. The Committee finds no rule or statute barring a referral fee calculated from fees billed in a noncontingent matter.

Rule 1.5(e) requires written advice to the client about the compensation-sharing agreement and every lawyer's participation, no client objection, and a reasonable total fee. Rule 1.5(d) separately means the referral fee cannot depend on the outcome of the family matter.

The Committee declines to set an appropriate percentage. The lawyers may negotiate the division because the size of the referral share is not itself an ethics issue while the total fee remains reasonable. The cited prior opinion treats the referral itself as a limited lawyer-client relationship for every lawyer receiving a fee.

In practice

Under this opinion, Connecticut's fee-division rule applies to hourly matters as well as contingent cases. The ethical focus remains the client's written information and nonobjection, each lawyer's participation as disclosed, the total fee, and the absence of an outcome contingency.

Common questions

Q: Are referral fees limited to contingent-fee cases?

A: No. The opinion permits them in hourly family-law and other noncontingent matters.

Q: May the referral fee depend on the case outcome?

A: No. Rule 1.5(d) prohibits that feature in the matters addressed.

Q: Must the client approve in writing?

A: The client must be advised in writing of the sharing arrangement and each lawyer's participation and must not object.

Q: What percentage may the referring lawyer receive?

A: The Committee does not prescribe one. The lawyers may negotiate the division so long as the total fee is reasonable.

Background and rules framework

Rule 1.5(e) governs fee divisions between lawyers in different firms, while Rule 1.5(d) restricts contingent fees in specified matters and prevents the referral share described here from depending on the result.

Citations and references

Connecticut Rules of Professional Conduct:

  • Rules 1.5(d) and 1.5(e)

Other opinions cited:

  • Connecticut Informal Opinion 2013-04, referral fee and limited lawyer-client relationship

See also

Source

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