How are “of counsel” lawyers treated for purposes of sharing fees?
A. Under Rule 1.5(g), fee splitting between lawyers who are neither partners nor associates is subject to certain limitations. The rule does not address fee splitting in the context of an “of counsel” relationship. Nonetheless, the Committee has concluded that where an “of counsel” lawyer is to receive a percentage of the fees paid by a client directly to the affiliated lawyer or law firm, the “of counsel” lawyer should be deemed an associate for purposes of the rule and the limitations do not apply. See N.Y. City 1996-8 n.2; Gold v Katz, 193 A.D. 2d 566, 566 (1st Dep’t 1993) (upholding fee splitting arrangement where “plaintiff, although listed as ‘Of Counsel’ to the firm, nevertheless had a ‘fixed link’ to it as one who ‘regularly participate[d]’ in its work, and thus should be deemed an ‘associate’ of the firm not subject to the prohibition against fee splitting”). back to top ATTORNEY ADVERTISING Please note that the following questions and answers are designed to assist the Bar in
