Older Model Rule: advised, does not objectMS
Mississippi fee division
Mississippi kept the older form of the Model Rule. Two lawyers may divide a fee if the split matches the work, or if you have a writing that each takes joint responsibility. You are advised of who is on the case and you do not object. The total has to be reasonable.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Miss. R. Prof. Cond. 1.5(e)
- What you sign
- If the split is not proportional to the work, there must be a written agreement with the client that each lawyer assumes joint responsibility. The client is advised of and does not object to the participation of all the lawyers involved. The comment has long said the share each lawyer receives need not be disclosed. Ask for the shares anyway.
- How the split is allowed
- Proportion to services, or joint responsibility by written agreement with the client. Duggins v. Guardianship of Washington is the Mississippi warning that joint work can look like a joint venture, with the liability that follows.
- 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
Mississippi 1.5(e) is Ethics 2000-era text: advised and does not object. It is not the later ABA share-in-writing sentence.
Joint responsibility is the path that makes a PI forward legitimate without matching hours. It is also how you stay on the hook.