---
title: "Check a division of a fee between lawyers who are not in the same firm"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/disclose-another-practice-s-costs-before-that-practice-is-retained/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-PE20261022-14-US"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a division of a fee between lawyers who are not in the same firm

> 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.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/disclose-another-practice-s-costs-before-that-practice-is-retained/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Disclose another practice's costs before that practice is retained](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/disclose-another-practice-s-costs-before-that-practice-is-retained.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Paragraph (e) applies to a division of a fee, not to every mention of another lawyer's rates.
- Joint responsibility is not satisfied by a referral alone. Read Comment [7] before treating a referring lawyer as jointly responsible.

## Sources

- [ABA Model Rule 1.5, Fees](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/) (checked 2026-10-22)
- [ABA Model Rule 1.5, Comment](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/comment_on_rule_1_5/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*