Attorney Referral Fee Rules: 50-State Comparison
Every state allows attorney referral fees — but every state imposes different requirements. Compare the rule citation, written client consent rules, joint responsibility option, and contingent fee caps for all 50 states and DC. Each row links to the full IOLTA and trust accounting guide for that state.
Referral fee rules by state
| Rule citation | Full guide | ||||
|---|---|---|---|---|---|
ALAlabama | Alabama Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
AKAlaska | Alaska Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
AZArizona | Arizona Rules of Professional Conduct ER 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
ARArkansas | Arkansas Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
| California Rules of Professional Conduct Rule 1.5.1 | Required (in writing) | Not required | — | Open | |
COColorado | Colorado Rules of Professional Conduct Rule 1.5(d) | Required (in writing) | Optional (alt to proportional) | — | Open |
| Connecticut Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
DEDelaware | Delaware Lawyers' Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
| D.C. Rules of Professional Conduct Rule 1.5(e) | Written notice + no objection | Not required | — | Open | |
FLFlorida | Florida Bar Rule 4-1.5(f)(4)(D) and 4-1.5(g) | Required (in writing) | Required for pure referral | 25% (contingent PI) | Open |
GAGeorgia | Georgia Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
HIHawaii | Hawai'i Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
IDIdaho | Idaho Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
ILIllinois | Illinois Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
INIndiana | Indiana Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
IAIowa | Iowa Rules of Professional Conduct Rule 32:1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
KSKansas | Kansas Rules of Professional Conduct Rule 1.5(g) | Required (in writing) | Optional (alt to proportional) | — | Open |
KYKentucky | Kentucky Supreme Court Rule 3.130(1.5)(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
| Louisiana Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
MEMaine | Maine Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
MDMaryland | Maryland Attorneys' Rules of Professional Conduct Rule 19-301.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
| Massachusetts Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
MIMichigan | Michigan Rules of Professional Conduct MRPC 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
| Minnesota Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| Mississippi Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
MOMissouri | Missouri Rules of Professional Conduct Rule 4-1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
MTMontana | Montana Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
NENebraska | Nebraska Rules of Professional Conduct § 3-501.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
NVNevada | Nevada Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
| New Hampshire Rules of Professional Conduct Rule 1.5(f) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| New Jersey Rules of Professional Conduct RPC 1.5(e) | Required (in writing) | Required for pure referral | — | Open | |
| New Mexico Rules of Professional Conduct Rule 16-105(E) | Required (in writing) | Optional (alt to proportional) | — | Open | |
NYNew York | New York Rules of Professional Conduct Rule 1.5(g) | Required (in writing) | Optional (alt to proportional) | — | Open |
| North Carolina Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| North Dakota Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
OHOhio | Ohio Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
OKOklahoma | Oklahoma Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
OROregon | Oregon Rules of Professional Conduct RPC 1.5(d) | Required (in writing) | Optional (alt to proportional) | — | Open |
| Pennsylvania Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| Rhode Island Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| South Carolina Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| South Dakota Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| Tennessee Rules of Professional Conduct RPC 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
TXTexas | Texas Disciplinary Rules of Professional Conduct Rule 1.04(f) and 1.04(g) | Required (in writing) | Optional (alt to proportional) | — | Open |
UTUtah | Utah Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
VTVermont | Vermont Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
VAVirginia | Virginia Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
| Washington Rules of Professional Conduct RPC 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| West Virginia Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
| Wisconsin Supreme Court Rule SCR 20:1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open | |
WYWyoming | Wyoming Rules of Professional Conduct Rule 1.5(e) | Required (in writing) | Optional (alt to proportional) | — | Open |
Source: each state's Rules of Professional Conduct (most adopted from ABA Model Rule 1.5(e)). Notable variations are highlighted with overrides for California, Florida, New York, Texas, D.C., New Jersey, Illinois, and Louisiana.
Notable state variations
A handful of states depart from the ABA model in ways that materially change how you draft and document a referral fee.
California
California Rules of Professional Conduct Rule 1.5.1
No proportionality or joint responsibility required; full written disclosure of terms and lawyer identities mandatory.
Full California guideDistrict of Columbia
D.C. Rules of Professional Conduct Rule 1.5(e)
Most permissive in the US — written advisement required, but client need only not object.
Full District of Columbia guideFlorida
Florida Bar Rule 4-1.5(f)(4)(D) and 4-1.5(g)
Referring lawyer's share presumptively capped at 25% in contingency PI matters; signed closing statement required.
Full Florida guideIllinois
Illinois Rules of Professional Conduct Rule 1.5(e)
Joint responsibility means same-firm-level financial and ethical responsibility for the matter.
Full Illinois guideLouisiana
Louisiana Rules of Professional Conduct Rule 1.5(e)
Verbal referral fee agreements are not enforceable; written client consent strictly required.
Full Louisiana guideNew Jersey
New Jersey Rules of Professional Conduct RPC 1.5(e)
Pure referral fees with no work performed are not permitted unless joint responsibility is assumed in writing.
Full New Jersey guideNew York
New York Rules of Professional Conduct Rule 1.5(g)
Client agreement to division must be confirmed in writing.
Full New York guideTexas
Texas Disciplinary Rules of Professional Conduct Rule 1.04(f) and 1.04(g)
Written client consent required before the association or referral.
Full Texas guideCommon questions about referral fee rules
Are attorney referral fees legal in every state?
Yes — every U.S. state permits referral fees between lawyers in different firms, but every state imposes conditions. The most common requirements are informed written client consent, a reasonable total fee, and either proportionality of services or each lawyer assuming joint responsibility for the representation. California, Florida, and a handful of other states have more specific rules.
Which state has a cap on attorney referral fees?
Florida is the most notable. Florida Bar Rule 4-1.5(f)(4)(D) presumptively caps the referring lawyer's share at 25% of the total fee in contingency personal injury matters, unless the client gives specific written consent to a different arrangement and each participating lawyer signs the closing statement.
Do I always need written client consent for a referral fee?
Almost always. Nearly every state requires either written client consent or written confirmation of the client's agreement to the fee division, including disclosure of the share each lawyer will receive. Washington, D.C. is the most permissive — it requires only written advisement and that the client not object.
What is 'joint responsibility' in a referral fee agreement?
Joint responsibility means each participating lawyer assumes financial and ethical responsibility for the entire representation as if they were partners in the same firm. Most states allow lawyers to take a referral fee that is not strictly proportionate to services performed only if each lawyer accepts joint responsibility in writing.
Stop drafting referral consents from scratch
Disbo generates state-specific client disclosure letters, tracks consent, and pays the referring attorney directly from the settlement disbursement — with the right rule applied to every matter.