Significant amendments to the pass fee agreements must also comply with section 6147. (Stroud v. Tunzi (2008) 160 Cal.App.4th 377.) The professional rules applicable to fee-splitting agreements are mandatory and require both the referring counsel and the receiving lawyer to ensure that the client agrees in writing to the fee-splitting. Non-compliance prevents the transferring lawyer from recovering costs. Proposed Rule 1.5.1, subdivision (a), requires a written agreement for the apportionment of fees among lawyers who do not work in the same law firm, as well as the written agreement of the client as soon as the lawyers enter into a fee-splitting agreement or, as soon as possible, in a reasonable manner. Lawyers must provide the client with the following documents in full in writing: (i) the fact that a tax split is being made, ii) the identity of the lawyers or law firms that are parties to the division and (iii) the terms of the division. Subdivision (a) of proposed rule 1.5.1 reproduces the requirement in rule 2-200 that the total fees charged to a client by all lawyers cannot be increased solely on the basis of a cost-sharing agreement. (B) Except as permitted by subsection (A) of this rule or rule 2-300, a member may not indemnify, give or promise to a lawyer anything valuable to recommend or secure the employment of the member or the member`s law firm by a client, or as a reward for a recommendation leading to employment by a client of the member or the member`s law firm. The offer or delivery of a gift or tip to a lawyer who has made a recommendation leading to the employment of the member or the member`s law firm is not in itself contrary to this rule, provided that the gift or tip was not offered with a promise, agreement or understanding in mind, that such a gift or tip would come, or that recommendations be made or made in the future. 500,000,000 0 Unlike other jurisdictions that impose a „proportionality rule“ with respect to fee-splitting agreements between lawyers, this is not the case with Rule 1.5.1. States that have adopted a version of model rule ABA 1.5, division(s), require that the sharing of royalties be proportional to the services provided by each lawyer or require that any lawyer assume responsibility for representation.
In order to be enforceable, agreements for attorneys` fees and fees must contain certain provisions. . . .