Under ABA rules, when is fee splitting allowed?

Fee splitting among lawyers is permissible under ABA rules when the division is proportionate to the services performed by each lawyer. This principle ensures that each lawyer is compensated fairly based on the amount of work they contributed to a case or legal matter. This requirement is meant to uphold the integrity of legal services and ensure that clients receive adequate representation from all attorneys involved.

To better understand this, consider that if multiple attorneys collaborate on a case, splitting the fee in direct proportion to the services they provided reflects their respective contributions. This not only fosters fairness among attorneys but also promotes accountability, as attorneys can be more assured that their efforts are recognized and rewarded appropriately.

In contrast, other options might include circumstances under which fee splitting could be considered improper or inadequate. For example, merely informing the client does not inherently justify fee splitting unless it aligns with the proportionality of services provided. Similarly, being in the same firm does not alone sanction fee sharing without taking into account the contribution made by each lawyer. Lastly, the notion that fee splitting can occur solely if the total fee is higher does not capture the essential criteria for ethical fee sharing, which focuses on the work done.

By upholding the standard that fees need to be divided based on services performed, the ABA rules promote ethical