New Jersey fee division
New Jersey is stricter than a TV ad makes it sound. Ordinary fee division between lawyers still needs a reasonable total fee and either work in proportion or joint responsibility, with your agreement. A pure finder's fee is generally not allowed unless the lawyer you are sent to is a certified attorney under Court Rule 1:39-6(d).
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- N.J. RPC 1.5(e); RPC 7.2(c), 7.3(d); R. 1:39-6(d)
- What you sign
- RPC 1.5(e) requires the client's agreement to a division based on work performed or joint responsibility. The certified-attorney path under R. 1:39-6(d) still requires that the client know of and consent to the division, and that the total fee stay reasonable.
- How the split is allowed
- Default: proportion to services or joint responsibility (RPC 1.5(e)). Exception: a certified attorney may divide a fee without regard to services performed or responsibility assumed, except in matrimonial matters (R. 1:39-6(d)).
- Any cap on the referring share
- No Florida-style 25% cap. The total fee must be reasonable compensation for the work in the referred matter.
- 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
RPC 7.2(c) and 7.3(d) generally prohibit paying for a referral. Do not treat New Jersey like California.
R. 1:39-6(d) is the exception, and it is about certified attorneys, not a general PI custom. The New Jersey Supreme Court (In re Opinion No. 745, 2025) confirmed certified attorneys may pay that referral fee, including to some out-of-state lawyers. Confirm the current opinion before you rely on it.
A New Jersey verbal-threshold auto policy has nothing to do with this rule.