These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 
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1160

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38-Fee Splitting

A lawyer referring a case to another firm because of a conflict may not accept a forwarding fee because the lawyer may not "expressly assume responsibility to the client" and therefore fails to satisfy the fee-splitting requirements. [This LEO was overruled by Rule 1.5(e), which does not require that a lawyer sharing in fees also share responsibility, thus allowing "referral fees" if the client consents after full disclosure.]

Copyright 2000, Thomas E. Spahn