May a Connecticut lawyer receive a referral fee for sending a client to a lawyer in another jurisdiction?

Short answer Yes. Rule 1.5(e) permits a cross-jurisdiction fee share when its requirements are met; if the other jurisdiction bars sharing, the Connecticut lawyer may separately charge the client a reasonable written fee for referral services.
Bar
CTBAR
Issued
May 20, 2020

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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.

Currency note: this opinion is from 2020
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 Not binding precedent.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 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

Source

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