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Attorney Referral Agreement

Covers referral fees and responsibilities when one attorney refers a client to another attorney or firm.

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What's included

Referral and Matter Scope

Identifies the referred client and matter, confirms that the receiving attorney may accept or decline representation, and limits the agreement to the described legal matter.

Referral Fee Percentage and Payment Terms

States the referral fee percentage, payment trigger, timing of payment, and that payment is limited to fees actually received and permitted by law.

Attorney Responsibilities and Professional Duties

Allocates responsibilities between the referring and receiving attorney, including client communication, matter handling, supervision, trust accounting, and any joint responsibility requirements.

Client Consent and Ethics Compliance

Requires informed written client consent and compliance with applicable rules of professional conduct governing fee sharing, conflicts, competence, and client disclosures.

Confidentiality and Privileged Information

Protects confidential client information and privileged materials exchanged in connection with the referral, subject to client authorization and professional obligations.

Conflicts, Malpractice Risk, and Indemnity

Requires appropriate conflict checks, clarifies responsibility for professional conduct and malpractice exposure, and allocates risk for breaches of the agreement or ethics obligations.

Termination and Effect on Earned Fees

Allows termination if representation is declined, withdrawn, or ethically prohibited, while preserving any referral fee rights that are validly earned and permitted by applicable rules.

Dispute Resolution and Governing Law

Establishes governing law, venue, and a process for resolving disputes between attorneys, while preserving duties owed to the client and regulatory obligations.

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Frequently asked questions

What is an attorney referral agreement?
An attorney referral agreement documents the terms under which one attorney or firm refers a client matter to another attorney or firm, including referral fees, responsibilities, client consent, and compliance with professional conduct rules.
Are attorney referral fees always enforceable?
No. Referral fees are enforceable only if they comply with applicable ethics rules, which may require informed written client consent, proportional division of fees or joint responsibility, and a total fee that is reasonable.
Does the client need to sign or approve the referral arrangement?
In many jurisdictions, the client must provide informed written consent to the fee-sharing arrangement and the involvement or responsibility of each attorney. The agreement should require obtaining that consent before any referral fee is paid.
What responsibilities should be assigned in the agreement?
The agreement should state who will communicate with the client, perform legal work, handle trust accounting, manage deadlines, maintain malpractice coverage, conduct conflict checks, and comply with withdrawal or termination obligations.

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Templates/Attorney Referral Agreement