No 1.5(e). The split lives in a comment.WV
West Virginia fee division
West Virginia never put a 1.5(e) in the black letter. The rule stops at 1.5(d). A comment says that when a lawyer refers a case, a division of fees may be made if you agree that the case may be referred. The total still has to be reasonable under 1.5(a).
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- W. Va. R. Prof. Cond. 1.5 cmt. [5]
- What you sign
- Comment [5]: a division of fees may be made if the client agrees that the case may be referred to the other lawyer or law firm. Get that agreement in writing even though the comment does not demand a form. 1.5(b) already requires the basis of the fee in writing.
- How the split is allowed
- No proportional-work clause. No joint-responsibility clause. No black-letter 1.5(e) at all. The comment is the entire referral sentence.
- Any cap on the referring share
- No Florida-style 25% cap. 1.5(a) still requires a reasonable fee.
- 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Do not cite West Virginia 1.5(e). It does not exist. The referral sentence is Comment [5] to 1.5.
A comment is not a statute. Still get a writing that the client agreed the case could be referred, and keep the total reasonable under 1.5(a). Confirm the current compilation before you send a check.