Referral as the primary service, plus joint financial responsibilityIL
Illinois fee division
Illinois says the quiet part out loud. Two lawyers may divide a fee if the split matches the work, or if the main thing one lawyer did was send you to the other lawyer and both take joint financial responsibility for the case. You still have to agree.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Ill. R. Prof. Cond. 1.5(e)
- What you sign
- Client agreement is required. The Illinois version of 1.5(e) is the one that names referral as a legitimate primary service, so long as joint financial responsibility is assumed.
- How the split is allowed
- Proportion to services, or referral as the primary service plus joint financial responsibility for the representation.
- Any cap on the referring share
- No Florida-style 25% cap. The total fee must be reasonable.
- 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
Joint financial responsibility is the Illinois phrase. It is about remaining on the hook, not about matching hours.
ISBA Advisory Op. 21-04 has treated a referral fee to an out-of-state lawyer as permitted if the rule is followed. Confirm the current opinion before you rely on it.