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Third path: contingency forwarding feeAL

Alabama fee division

Alabama wrote a third door. Two lawyers may divide a fee if the split matches the work, or each takes joint responsibility in a writing with you, or, in a contingency case, the split is simply between the lawyer who sent the case and the lawyer who took it. You are told who is on it and that a division will happen, and you do not object. The total cannot be clearly excessive.

Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.

The rule
Ala. R. Prof. Cond. 1.5(e)
What you sign
The client is advised of and does not object to the participation of all the lawyers involved, and is advised that a division of fee will occur. The total fee is not clearly excessive. Get that advice in writing even though the floor is notice.
How the split is allowed
Three paths: (a) proportion to services, (b) joint responsibility by written agreement with the client, or (c) in a contingency-fee case, a division between the referring or forwarding lawyer and the receiving lawyer. Path (c) is the Alabama extra.
Any cap on the referring share
No Florida-style 25% cap. The total must not be clearly excessive. Contributory negligence can still zero the injury case. That is the crash page.
Who is not in the fee
A nonlawyer does not take a percentage of the recovery. Hosting, ads, and software get a flat or metered bill. That is ABA Model Rule 5.4 in substance, and every state on this desk follows it.

For the lawyer on the other end

1.5(e)(1)(c) is why Alabama PI forwards still get paid without matching hours and without a joint-responsibility writing. Do not import that clause into Georgia or North Carolina.

The Office of General Counsel still quotes this three-path text. Confirm the current rule before you rely on path (c).

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