Opinion 1072

The Committee considered your inquiry concerning the sharing of fees with lawyers who refer cases to other lawyers, but who otherwise do not participate in the case. The Committee noted that RPC 1.5(e)(2) does permit the division of fees between lawyers based upon grounds other than the proportion of services provided by each lawyer. The first requirement is that if such a fee splitting were to be undertaken, there be a written agreement with the client. Secondly, each lawyer must assume joint responsibility for the representation. Thirdly, the total fee must be reasonable. The Committee noted that this would require that the fee paid by the client be no greater than had there been only the one lawyer involved.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.