Both, and it lives in 1.5(f)HI
Hawaii fee division
Hawaii put the split in 1.5(f), not 1.5(e). 1.5(e) is when contingency fees are prohibited. Two lawyers may divide a fee if the split matches the work and, by a writing with you, each takes joint responsibility, you are advised and do not object, and the total is reasonable.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Haw. R. Prof. Cond. 1.5(f)
- What you sign
- By written agreement with the client, each lawyer assumes joint responsibility. The client is advised of and does not object to the participation of all the lawyers involved. The total fee is reasonable. The leftover comment says the share need not be disclosed. Put the shares in anyway.
- How the split is allowed
- Proportion to services and joint responsibility, together. That is closer to Wyoming than to the Model Rule's 'or.'
- Any cap on the referring share
- No Florida-style 25% cap. The total fee must be reasonable. Hawaii no-fault auto 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
Cite Hawaii 1.5(f). 1.5(e) is the contingency-prohibition subsection.
Read the 'and' before you treat this as a forwarding-fee state. It is not Massachusetts.