WSBA 1993

When lawyers in different firms divide a fee, what does 'joint responsibility' require, and can one lawyer pay another a referral fee?

Short answer: The committee concluded that 'joint responsibility' under RPC 1.5(e)(2) means legal liability for seeing that the client's work is competently performed, and that RPC 7.2(c) prohibits referral fees.

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This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee was of the unanimous opinion that "joint responsibility," as used in RPC 1.5(e)(2), refers to legal liability to see that the client's work is competently performed. That reading ties the alternative to proportional fee division (the path that does not require fees proportional to services) to genuine shared accountability for the matter, rather than a mere referral.

The committee also stated that RPC 7.2(c) prohibits referral fees, and on that point decided not to issue a formal opinion.

Currency note

This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: What does 'joint responsibility' mean when lawyers in different firms split a fee?

A: The committee said it means legal liability to see that the client's work is competently performed, under RPC 1.5(e)(2).

Q: Can a lawyer pay another lawyer a referral fee?

A: The committee stated that RPC 7.2(c) prohibits referral fees.

Background and rules framework

The opinion applied RPC 1.5(e) (corresponding to ABA Model Rule 1.5), which permits a division of fees between lawyers not in the same firm if the division is proportional or each lawyer assumes joint responsibility, and RPC 7.2(c) (corresponding to ABA Model Rule 7.2), which bars giving anything of value for a recommendation. The committee defined "joint responsibility" as legal liability for competent performance and read RPC 7.2(c) to prohibit referral fees.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.5 (fees; division of fees between firms); Washington RPC 1.5(e)(2)
ABA Model Rule 7.2 (advertising; payment for recommendations); Washington RPC 7.2(c)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=603

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1522
Year Issued: 1993
RPC(s): RPC 1.5(e); 7.2(c)
Subject: Division of fees between lawyers in different firms; referral fees; "joint responsibility" means legal liability

The Committee was of the unanimous opinion that "joint responsibility" as used in RPC 1.5(e)(2) refers to legal liability to see that the client's work is competently performed. The Committee was also of the opinion that RPC 7.2 (c) prohibits referral fees and decided not to issue a formal opinion.

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