I am being conflicted out of a personal injury case. I have requested the client go to a good friend of mine who is an excellent lawyer to represent him in the personal injury case. May that lawyer pay me a one-third referral fee, assuming the client does not object?

The question is an interesting one and has been discussed before. If this question was asked 20 or 30 years ago, the answer normally would be no. A lawyer can receive a referral fee under Rule 1.5(e) of the Rules of Professional Conduct which allows a referral fee as long as the client has been advised and does not object to the participation of the lawyer’s involved and the total fee is not illegal or excessive. There is no quantum meruit requirement like there used to be before 1979.

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