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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ABA-474

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38-Fee Splitting
Under the ABA Model Rule 1.5(e) fee-split provision, lawyers in different firms who split a fee have both "undertaken representation of the client", and therefore each must be able to satisfy all of the ABA Model Rules' conflicts provisions. A fee split agreement "must be agreed to either before or within a reasonable time after commencing the [joint] representation.

Copyright 2000, Thomas E. Spahn