Notice and no objectionPA
Pennsylvania fee division
Pennsylvania still uses the older form of the rule. Two lawyers may divide a fee if you are told who is on the case and you do not object, and the total is not illegal or clearly excessive. The rule text 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
- Pa. R.P.C. 1.5(e)
- What you sign
- The client is advised of and does not object to the participation of all the lawyers involved. The total fee of the lawyers is not illegal or clearly excessive. Get the advice and the lack of objection in writing anyway. The rule's floor is notice, not a form.
- How the split is allowed
- No proportional-work or joint-responsibility requirement in 1.5(e). The comment expressly contemplates a referring lawyer and a trial lawyer on a contingent fee.
- Any cap on the referring share
- No Florida-style 25% cap. The total still cannot be illegal or clearly excessive for all work on the case.
- 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
Do not paste ABA Model Rule 1.5(e) into a Pennsylvania letter and assume you have quoted the rule. Pennsylvania never adopted the joint-responsibility clause.
Philadelphia Bar Op. 93-15 has long treated a referral fee to an out-of-state lawyer as permissible if 1.5(e) is met. Confirm the current opinion.