Certified Legal Professional (CLP) Practice Exam

When can a lawyer share in a fee after referring a case?

1. When the lawyer has completed all legal work

2. When there is mutual agreement from all parties

3. When the referred lawyer completes the case successfully

4. When the referring lawyer has performed some services on the case

The correct answer is: When the referring lawyer has performed some services on the case

The correct answer indicates that a referring lawyer can share in a fee when they have performed some services on the case. This principle is anchored in the ethics governing attorney referral fees, which typically require that the referring attorney contribute some level of service or work to the client's case to justify sharing in the fees. The rationale for this requirement is based on the fair distribution of work and responsibility. If a lawyer refers a case but has no involvement in providing legal services, it would not be equitable for them to receive a portion of the fee. This ensures that both the referring and the referred lawyer have a legitimate stake and contribution to the work performed on behalf of the client. Furthermore, proper documentation and agreement about the fee distribution must be in place, emphasizing transparency and fairness in the legal profession. The other options do not align with this standard. Completing all legal work alone does not guarantee that the referring lawyer can share fees without having contributed to the client’s case. While mutual agreement is essential in many legal contexts, it does not automatically allow fee sharing without the requisite contribution of services. The completion of the case by the referred lawyer could demonstrate competency but does not inherently justify the fee sharing unless the referring lawyer has also contributed.