Referring-lawyer agreement, client-signed writingNH
New Hampshire fee division
New Hampshire put the split in 1.5(f). Two lawyers may divide a fee if the split is in reasonable proportion to the work or the risks, or if it is based on an agreement with the referring lawyer. In either case you sign a writing agreeing to the division, and the total is not increased by the split and is reasonable.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- N.H. R. Prof. Cond. 1.5(f)
- What you sign
- The client agrees in a writing signed by the client to the division of fees. The total fee charged by all lawyers is not increased by the division and is reasonable.
- How the split is allowed
- Either (a) reasonable proportion to services performed or responsibility or risks assumed, or (b) based on an agreement with the referring lawyer. Path (b) is the New Hampshire extra.
- Any cap on the referring share
- No Florida-style 25% cap. The hard limit is that the division cannot raise the total fee.
- 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 1.5(f), not 1.5(e). Path (b) is a true referring-lawyer agreement, with a client-signed writing and a no-increase clause.
The no-increase clause is the consumer protection. If the handling lawyer's percentage jumps because a referrer was added, that is the problem.