"Are you sharing fees with another firm, trial counsel, or local counsel? You probably need prior written consent from your client, an Advise and Consent Form."
Most jurisdictions require you to advise the client of fee splitting with another firm. Furthermore, before work is done by the associated firm, your client must consent to your use of the new firm.
LawyerTrialForms™'s DISCLOSURE TO, AND CONSENT BY, CLIENT: ASSOCIATION OF ADDITIONAL ATTORNEYS documents your disclosure - and the client signs the consent.
As an example of what the states require of you, the Texas Disciplinary Rules, Rule 1.04, states in part:
The requirement of prior disclosure and consent by the client is ethically logical. Fee sharing is presumably an indication of shared or divided responsibility to do the work for which the client had hired and requested only the original attorneys to do the work. So even if you did not have a rule requiring the client's consent, it's the ethical and proper course for an attorney seeking to associate another firm.
You should read your own jurisdiction’s rules on association of attorneys, fee splitting, and consent by, or advice to, the client regarding the association. Especially notice if you can split fees and/or responsibility, and if so, in what amount and manner. However, once it is decided that you and the associated firm can split fees and/or responsibility, you still need to inform the client and get the client's consent. Our Consent by Client to Association of Attorneys is probably sufficient in your jurisdiction for the purpose of advising the client and obtaining the written consent of the client.
Three big points.
Do not miss the prior disclosure and client consent requirement of your jurisdiction. A form for disclosure and client consent should be in your office's toolbox of forms. This legal form is designed for attorneys in any type of litigation, and on either side of the counsel table.
We are selling the Client's Consent to Association of Attorneys until midnight of , for only $12. That's cheaper than you can dictate your own first draft of what you need.
This form pays for itself in time saved alone, without even considering the advantages of having a standard form in your office toolbox of forms. Click the "Buy Now" button to get Client's Consent to Association of Attorneys!
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