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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Business Dispute: Split Referral Fees

[fa icon="clock-o"] June 10, 2015 [fa icon="user"] Scura Law Firm [fa icon="folder-open'] Business Law

business_man_counting_money.jpgHave you ever wondered how referrals work in law firm in New Jersey? Check out how the New Jersey Court Rule allows division of fees to avoid business disputes.

 New Jersey Court Rule Allows Split of Fees with Referring Attorney to NJ Certified Civil Trial Attorney

Fee division of split between attorneys that are not partners or associated in a firm is not permitted unless the attorney that is receiving the referral is a Certified attorney as that term is defined under the New Jersey Court Rules. New Jersey Rule of Court 1:39-6(d) allows a division of fees if the attorney receiving the referral is a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This permitted fee division is allowed so long as the person referring the matter to the Certified lawyer is also a lawyer. The fee division is also permissible regardless of the amount of work performed.

Court Rule 1:39-6(d) provides:

(d) Division of Fees. A certified attorney who receives a case referral from a lawyer who is not a partner in or associate of that attorney's law firm or law office may divide a fee for legal services with the referring attorney or the referring attorney's estate. The fee division may be made without regard to services performed or responsibility assumed by the referring attorney, provided that the total fee charged the client relates only to the matter referred and does not exceed reasonable compensation for the legal services rendered therein. The provisions of this paragraph shall not apply to matrimonial law matters that are referred to certified attorneys.

N.J. Court Rule 1:39-6(d)

Our firm accepts referrals in all different types of litigation cases. For example, we accept referrals in personal injury cases, various civil litigation cases and bankruptcy cases. Most attorneys Certified by the NJ Supreme Court as Trial Attorneys only split fees in personal injury cases. Our firm is unique in that we also split fees in other types of litigation cases, such as bankruptcy and commercial.

The New Jersey Supreme Court has ruled that only attorneys certified are permitted "under Rule 1:39 to utilize the New Jersey Supreme Court Certified Attorney seal" on their websites or in other communication. In re Hyderally, 208 N.J. 453, 461-462 (2011). We have handled cases and split referral fees with attorneys in New Jersey and attorneys referring cases to us in New Jersey from out of state. We provide updates on the cases referred and invite whatever level of involvement the referring attorney desires.

Attorneys in New Jersey or out of state are invited to give our firm a call if you would like to preliminarily discuss the referral and division or split of fees on any matter. 

 To be proactive and avoiding a business dispute, schedule an initial consultation with a New Jersey lawyer. Contact us by phone or e-mail for a prompt response.

 

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