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Division of fees upon referral, C3S42 CPRA

Section 42, Canon III

SECTION 42. Division of fees upon referral. – A lawyer shall, in case of referral of legal services in favor of another lawyer with the written informed consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.
Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer, a division or sharing of fees is allowed with the deceased lawyer’s legal heirs or estate. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Division of fees upon referral

a. Referral from lawyer who did initial or partial work

Under this section, if lawyer who has done initial or partial work already and intend to refer the client in favor of another lawyer for continued legal services, there must be a written informed consent by the client for the referring lawyer to “be entitled to a division of fees in proportion to the work performed and responsibility assumed.”

1) Lawyer and deceased lawyer’s estate

Lawyers who undertook to complete unfinished legal business of a deceased lawyer are allowed “a division or sharing of fees is allowed with the deceased lawyer’s legal heirs or estate.”

References

Canon III, 2023 Code of Professional Responsibility

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