Consent in advance, preferably in writingVA
Virginia fee division
Virginia does not copy the Model Rule's joint-responsibility clause. Two lawyers may divide a fee if you are told who is on the case and you consent, the terms of the split are disclosed and you consent to those too, the total is reasonable, and that consent is obtained before the legal work is done, preferably in writing.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Va. R. Prof. Cond. 1.5(e)
- What you sign
- Client advised of and consents to the participation of all lawyers involved. Terms of the division disclosed, and the client consents. Total fee reasonable. The division of fees and the client's consent obtained in advance of the rendering of legal services, preferably in writing.
- How the split is allowed
- No proportional-work or joint-responsibility requirement in the text of 1.5(e). The timing is the extra: consent before the work, not after the check.
- Any cap on the referring share
- No Florida-style 25% cap. The total fee must be reasonable. Contributory negligence can still zero an injury case. That is the crash page.
- 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
Virginia 1.5(e)(4) is the trap. Consent in advance of the work. A handshake after the recovery is not the rule.
Do not import ABA joint-responsibility language as if the Supreme Court of Virginia put it in the text. They did not.