Non-lawyers in your network can also be valuable sources for getting new clients. But it is important to take into account the rules on exclusivity and agreements. As long as the current rules on transfer fees are followed, a lawyer may in any event receive a removal fee. Therefore, transfer fees are not prohibited in family or criminal proceedings. For example, a lawyer may receive transfer fees in a divorce case, as long as the lawyer is working on the case and is paid for the services rendered by the lawyer, or the lawyer enters into a written agreement with the other lawyer and the client, in which each lawyer assumes joint legal responsibility, agrees to be available for consultation with the client. , and the agreement defines the distribution of the levy. Through recommendations through the Clio Referral Network, you can help potential customers find better customization if you are at capacity or if you are in conflict. By making recommendations, you`ll also get recommendations in return – which means more future cases, potential income and growth for your practice. In general, the ABA rules prohibit lawyers from paying others for recommendations, unless these payments are consistent with the exceptions to Rule 7.2 (b). The rule includes certificates for transfer services officially approved by regulators and, among other things, the rule states that removal agreements are not contrary to other standard rules. Where it is not a contingency tax and the transfer tax is paid in proportion to the benefits provided by each lawyer in accordance with Rule 4-1.5 (g) (1), the lawyer receiving the transfer fee is not required to sign the pricing agreement.
However, the lawyers involved must continue to inform the client of the referral agreement and obtain the client`s consent. This consent is not required in writing, but it is recommended. Rule 4-1.4 is the rule on a lawyer`s duty to communicate with clients. Subsection (b) this rule states that a lawyer “must explain a case to the extent reasonably necessary to enable the client to make informed representation decisions.” Also, in The Florida Bar v. Roberts, 770 So. 2d 1207 (Fla. 2000), a lawyer was disciplined for not informing a client when the lawyer forwarded the matter to another lawyer and did not tell the client that the lawyer was in another firm. If you enter into a lawyer`s recommendation agreement, make sure your percentage of lawyer transfer fees is reasonable and that the agreement is written. Yes, yes. Under the standard rules on professional behaviour (rule 1.5 (e)) a referral can only be accepted under the following conditions: Transfer fees are a form of fee allocation.
By some exceptions[i] Rule 5.4 provides that “a) a lawyer or law firm does not directly or indirectly share legal fees with a non-lawyer or organization that is not authorized to practice law. . . . (Cal. Prof. Rule of Conduct, Rule 5.4.) A royalty-sharing agreement between a licensed and non-legal lawyer is an illegal contract and is necessarily contrary to Rule 5.4 (a).