A sample attorney fee splitting agreement is a legal document that defines the terms and conditions under which fees earned by two or more attorneys for a single case are divided among them. This type of agreement is commonly used in the legal profession when two or more attorneys collaborate to represent a client.
The primary purpose of an attorney fee splitting agreement is to ensure that each attorney receives a fair share of the fees earned for their services rendered in a particular case. The agreement must be carefully drafted to comply with ethical and legal requirements and to avoid any conflicts of interest.
The following are some key elements that are typically included in a sample attorney fee splitting agreement:
1. Identification of the parties – The agreement should clearly identify the attorneys involved in the case and the client they are representing.
2. Description of the case – The agreement should provide a description of the case, including the legal issues involved, the scope of the representation, and the anticipated duration of the case.
3. Division of fees – The agreement should specify how the fees earned from the case will be divided among the attorneys. This can be done in various ways, such as by percentage or by an hourly rate. The agreement should also include provisions for the distribution of expenses, such as court costs and expert witness fees.
4. Termination of the agreement – The agreement should specify the circumstances under which the agreement can be terminated, such as by mutual consent or in the event of a conflict of interest. It should also address the distribution of fees and expenses in the event of termination.
5. Ethical considerations – The agreement should comply with the ethical rules governing attorney fee splitting, such as the rule against sharing fees with non-lawyers and the rule against engaging in fee splitting arrangements that are not proportional to the services performed.
In conclusion, a sample attorney fee splitting agreement is a crucial document that must be carefully drafted to ensure that all parties involved are protected and that ethical and legal requirements are met. By following the key elements outlined above, attorneys can create a solid agreement that ensures a fair distribution of fees and avoids any conflicts of interest.