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Can Lawyers Give a Referral Fee to a Non-Lawyer?

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    ABA Model Rules of Professional Conduct

    • According to Rule 5.4(a) of the ABA Model Rules of Professional Conduct, lawyers can't pay referral fees to a non-lawyer in most cases. Website affiliate referral fees are generally not prohibited so long as payment of the fees is not dependent on whether a client retains the attorney or firm. Non-lawyers cannot share in legal fees paid to a lawyer.

    Former or Deceased Law Partners

    • ABA Rules 5.4(a)(1) and (2) allow a non-lawyer to be paid by an attorney or law firm on behalf of a former partner or former associate for a "reasonable time." A probate estate or specified individuals can be paid referral fees earned by a deceased lawyer.

    Employee Compensation or Retirement Plans

    • A lawyer or firm is allowed to pay compensation to an employee of the attorney where the non-lawyer is a member of an established compensation or retirement plan. This is allowed "even though the plan is based in whole or in part on a profit-sharing arrangement."

    Court-Awarded Legal Fees from Non-Profit Organizations

    • ABA Rule 5.4(a)(4) allows payment of a share of legal fees from court-awarded fees to a non-profit organization who hired, retained or recommended employment of the attorney in the legal matter.

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