Model Rule, consent before the referralTX
Texas fee division
Texas follows the usual pattern: the split matches the work or both lawyers take joint responsibility, you consent in writing, and the total fee is not unconscionable. The extra Texas beat is timing. The writing is supposed to happen before the association or referral, not after the check clears.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Tex. Disciplinary R. Prof. Cond. 1.04(f)
- What you sign
- The client consents in writing to the terms prior to the association or referral, including the identity of all lawyers or firms in the arrangement. Confirm the current 1.04(f)(2) list (identity and terms) before you send a form.
- How the split is allowed
- In proportion to professional services, or joint responsibility for the representation.
- Any cap on the referring share
- No Florida-style 25% cap. The total fee must not be unconscionable under 1.04(a).
- 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
1.04(f) is a before-the-referral writing. California's 'as soon as reasonably practicable' is not the Texas clock.
Joint responsibility in Texas is not a silent finder's fee. If you are on the fee, you are on the representation.