Attorney Referral Fees in New York (Rule 1.5(g))

Under New York Rule 1.5(g), a lawyer may not divide a fee with a lawyer at another firm unless: (1) the division is in proportion to the services performed by each lawyer, or, by a writing given to the client, each lawyer assumes joint responsibility for the representation; (2) the client agrees to the arrangement after full disclosure that a division will be made, including the share each lawyer will receive, and the client's agreement is confirmed in writing; and (3) the total fee is reasonable.

New York is stricter than Michigan on client consent: you must disclose the share each lawyer receives and get the client's agreement confirmed in writing — not merely a 'does not object.'

Joint responsibility in New York means financial and ethical responsibility for the representation as if the lawyers were partners. If instead you divide strictly in proportion to services, each lawyer is responsible for the part they handle. Either path is fine — pick one and document it.

Special rules apply in some matters (for example, domestic-relations/matrimonial cases have their own fee requirements). Confirm any matter-specific restrictions before agreeing to a division.

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.

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