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Model Rule, numbered 16-105NM

New Mexico fee division

New Mexico tracks the Model Rule and numbers it 16-105. Two lawyers may divide a fee if the split matches the work or each takes joint responsibility, you agree to the arrangement including each share, that agreement is confirmed in writing, and the total is reasonable.

Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.

The rule
N.M. R. Prof. Cond. 16-105(E)
What you sign
The client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing. The total fee is reasonable. Confirm the current 16-105(E) wording before you send a form.
How the split is allowed
Proportion to services performed, or each lawyer assumes joint 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

Cite 16-105(E), not 'New Mexico 1.5(e).' The 16- prefix is the New Mexico numbering.

Confirm the current compilation. Numbering is the trap, not a secret third path.

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