Check a division of a fee between lawyers who are not in the same firm
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List whether the draft is a single billing covering lawyers who are not in the same firm, the share each lawyer would receive, and whether the client's agreement is confirmed in writing. Do not approve the division.
- What the lawyer must review
- You decide whether Rule 1.5(e) is met. A division of a fee between lawyers who are not in the same firm may be made only if the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and the total fee is reasonable. Comment [7] defines a division of a fee as a single billing to a client covering the fee of two or more lawyers who are not in the same firm. The comment says joint responsibility entails financial and ethical responsibility for the representation as if the lawyers were associated in a partnership, and that a lawyer who has a conflict of interest that would preclude the representation may not receive a portion of the fee. A contingent fee agreement must also be in a writing signed by the client and must otherwise comply with Rule 1.5(c). Comment [8] says paragraph (e) does not regulate a future division of fees for work done when the lawyers were previously associated in a firm. Telling the client another firm's rates, without a division of a fee, is a Rule 1.5(b) communication and is not paragraph (e). The tool does not decide that the total fee is reasonable.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.