What is a primary requirement for fee splitting to be allowed?

The primary requirement for fee splitting to be allowed is that the work must be done proportionately. This principle ensures that each attorney involved in the representation contributes to the work in a manner that reflects the division of the fee. It is important for ethical practice that attorneys who share fees have each provided a level of service or expertise that corresponds to the amount of compensation they receive. This maintains a standard of fairness and acknowledges the value of the contributions from each party.

While client consent and the lack of a prior agreement may be relevant considerations in certain contexts, they do not serve as foundational requirements for the permissibility of fee splitting. The focus on proportional work upholds the integrity of the legal profession and protects clients by ensuring that they are receiving value proportionate to the fees they are charged.