Attorney Referral Fees in Florida (Rule 4-1.5(f))

Florida permits a division of fees between lawyers in different firms under Rule 4-1.5(f). The division must be either in proportion to the services each lawyer performs, or each lawyer must assume joint legal responsibility for the representation. The client must be advised of and consent to the arrangement in writing, and the total fee must be reasonable and not increased because of the referral.

Assuming joint legal responsibility is the usual path for a true referral: 3rblwyr PLLC, for example, associates as co-counsel and remains jointly responsible to the client, which is what makes the fee division proper.

In contingency-fee matters, Florida caps what the referring lawyer may receive. A lawyer who refers a contingency matter and assumes joint responsibility (but does not do the primary work) may receive no more than 25% of the total fee; the lawyer with primary responsibility keeps at least 75%. Build this cap into your co-counsel agreement for any contingency case.

For flat or hourly matters there is no fixed percentage cap, but the total fee must still be reasonable and the division agreed in writing.

A Florida lawyer may refer a non-Florida matter to a properly licensed out-of-state attorney and share the fee. The Florida Supreme Court has said Rule 4-1.5(f)'s contingency limits do not apply to nonresident bar members unless they are practicing matters of Florida law. Referring out and assuming joint responsibility is not the unlicensed practice of law — the receiving attorney does the actual practicing in their jurisdiction.

This article is general information for attorneys, not legal or ethics advice. Rules change and vary by matter; confirm the current rule and any bar ethics opinions before entering a fee-division agreement.

3rblwyr is the largest network of Arabic-speaking attorneys in the United States. When you have a matter you can't take — wrong practice area, wrong state, or a client you can better serve by associating counsel — you can refer it to a vetted attorney in the network and structure a lawful co-counsel fee division.

Listing is free, client introductions are free, and the network gives you a place to send and receive referrals that comply with the rules above. If you're an Arabic-speaking attorney, you may already be listed — claim your free profile at 3rblwyr.com.