Massachusetts fee division
Massachusetts puts the words 'including a referral fee' in the rule. Two lawyers not in the same firm may divide a fee if you are told, before or when you sign the fee agreement, that a division will be made, you consent in writing to the joint participation, and the total is reasonable. The rule does not require the split to match the hours, and it does not require joint responsibility.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Mass. R. Prof. Cond. 1.5(e)
- What you sign
- The client is notified before or at the time of the fee agreement that a division of fees will be made, and consents to the joint participation in writing. The total fee is reasonable. The comment says the lawyers do not have to disclose each share unless the client asks. Ask.
- How the split is allowed
- Unlike the Model Rule, no proportional-work or joint-responsibility requirement. A referral fee is expressly contemplated.
- 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
Mass. 1.5(e) is the other pole from Louisiana. The comment is explicit: no proportion, no joint responsibility, and no duty to disclose the split unless the client requests it. Still disclose if you want the file to survive a later fight.
The notice has to happen before or at the fee agreement, not after the recovery.