The split lives in 1.5(d). 1.5(e) was repealed.CO
Colorado fee division
Colorado moved the furniture. The old 1.5(e) was repealed. Two lawyers may divide a fee under 1.5(d) if each takes responsibility for the representation as a whole, or if the split matches the work, and you agree in writing, including each lawyer's share.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Colo. R. Prof. Cond. 1.5(d)
- What you sign
- The client agrees to the arrangement in writing, including the share each lawyer receives. Contingent-fee agreements must be in a writing signed by the client and must comply with 1.5(c).
- How the split is allowed
- Each lawyer assumes responsibility for the representation as a whole, or the division is proportional to the services performed. Comment [7] still describes the ordinary pattern of a referring lawyer and a trial lawyer on a contingent fee.
- Any cap on the referring share
- No Florida-style 25% cap. The total still has to be reasonable. A separate clause bars pay for referring a client to a third party except as 1.5(d) or 7.2(b) allows. That is not a license to skip the writing.
- 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
Do not cite Colorado 1.5(e). It is gone. The operative division rule is 1.5(d).
Joint responsibility here means financial and ethical responsibility as if the lawyers were associated in a partnership. Comment [7].