Multistate Professional Responsibility Exam Practice Question
Attorney Smith receives a request from a colleague to refer a client to a specialized immigration lawyer. In return, the colleague offers Smith a percentage of any fees earned from the case. What should Smith do in this situation?
Refuse to refer the client and report the colleague for unethical behavior.
Accept the referral and share the fee as offered by the colleague.
Decline the referral fee and proceed to refer the client to the specialized immigration lawyer.
Share a minimal percentage of the fee to comply with ethical standards.
Under ABA Model Rule 1.5(e), lawyers from different firms may divide a fee only if the split is proportional to the services each lawyer performs or each lawyer agrees to assume joint responsibility for the matter, the client agrees to the arrangement (including the share each lawyer will receive) and confirms that agreement in writing, and the total fee is reasonable. Model Rule 7.2(b) further provides that, unless those conditions are met, a lawyer may not give or receive anything of value for merely recommending a lawyer's services. Because Smith will perform no work on the case and will not take joint responsibility, accepting a percentage of the fee would be payment solely for the referral and therefore impermissible. Smith should decline the referral fee but may still refer the client.
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