Three doors, including a signed referral writingWI
Wisconsin fee division
Wisconsin built three doors. The total has to be reasonable, and then either the split is based on the work and you are told if the fee will go up, or the lawyers used to practice together, or this is a referral and each lawyer takes the same ethical responsibility as if they were partners, you are told the terms including each share and whether the overall fee increases, and you sign that writing.
Last checked Sep 4, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- The rule
- Wis. SCR 20:1.5(e)
- What you sign
- On the referral path, the client is informed of the terms, including the share each lawyer will receive and whether the overall fee will increase, and consents in a writing signed by the client. On the work-based path, the client is advised of and does not object to everyone involved, and is informed if the fee will increase.
- How the split is allowed
- (1) based on the services performed, with notice and no objection; or (2) a separation or retirement payment between former colleagues; or (3) a referral in which each lawyer assumes the same ethical responsibility as if they were partners.
- Any cap on the referring share
- No Florida-style 25% cap. The total fee must be reasonable. Watch the 'will the overall fee increase' disclosure. That is the consumer protection.
- 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
SCR 20:1.5(e)(3) is the Wisconsin referral door. Same ethical responsibility as partners, plus a client-signed writing that names the shares and says whether the overall fee goes up.
Do not treat path (1) as a silent finder's cut. Path (1) is work-based.