May a Connecticut lawyer receive a referral fee for sending a client to a lawyer in another jurisdiction?
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This page answers the general question as of 2020. Ask about yours and see what the current Connecticut Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The Committee concluded that Rule 1.5(e) permits a referral fee from an out-of-state lawyer whose jurisdiction has a substantially similar rule. Connecticut requires written advice to the client about the sharing agreement and each lawyer's participation, no client objection, and a reasonable total fee.
Connecticut does not require proportional services or joint responsibility, but each fee recipient must establish a lawyer-client relationship, even when the limited service is the referral itself. The Connecticut lawyer also must reasonably believe the receiving lawyer is competent.
If the receiving lawyer's jurisdiction prohibits sharing, the Connecticut lawyer may separately bill the client for identifying the legal need, assessing counsel, and making the referral. That engagement falls under Rules 1.5(a) and (b) and requires a reasonable fee and a written agreement identifying the limited scope and fee basis.
In practice
Under this opinion, lawyers need not be admitted in the same jurisdiction to divide a fee. When sharing is unavailable, the client-paid referral service is a separate limited representation rather than a division of the other lawyer's fee.
Common questions
Q: May a Connecticut lawyer take a referral fee from an out-of-state lawyer?
A: Yes, when both jurisdictions permit it and Rule 1.5(e)'s disclosure and reasonableness requirements are met.
Q: Must the referring lawyer work on the referred matter?
A: No, but the referring lawyer must form a lawyer-client relationship for the referral service.
Q: What if the other jurisdiction prohibits fee sharing?
A: The Connecticut lawyer may separately charge the client a reasonable fee under a written limited-scope agreement for the referral service.
Q: Must the receiving lawyer's competence be assessed?
A: Yes. The opinion states that the referring lawyer must reasonably believe the receiving lawyer is competent.
Background and rules framework
Rule 1.5(e) applies to one fee divided between lawyers in different firms. Rules 1.5(a) and (b) apply when the Connecticut lawyer directly bills the client for a separate referral service.
Citations and references
Connecticut Rules of Professional Conduct:
- Rules 1.5(a), 1.5(b), and 1.5(e)
Other opinions cited:
- Connecticut Informal Opinions 07-04, 16-04, 13-04, 01-03, 91-7, and 92-09
See also
- ISBA Ethics Op. 21-04: Referral fee to an out-of-state lawyer
- NJ ACPE Op. 745: Referral fees to out-of-state lawyers
Source
- Landing page: Connecticut Bar Association Informal Ethics Opinions
- Original PDF: Informal Opinion 20-02
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