Multistate Professional Responsibility Exam Practice Question
Attorney Smith receives a request from a colleague to refer a client to a specialized immigration lawyer. In return, the colleague offers Smith a percentage of the fees earned from the case. What should Smith do in this situation?
Decline the referral fee and proceed to refer the client to the specialized immigration lawyer.
Accept the referral and share the fee as offered by the colleague.
Refuse to refer the client and report the colleague for unethical behavior.
Share a minimal percentage of the fee to comply with ethical standards.
Under the Model Rules of Professional Conduct, fee sharing between lawyers who are not in the same firm is generally prohibited, except in specific circumstances such as referrals to certain organizations. Accepting a portion of the fees in exchange for a referral violates these ethical guidelines. Therefore, Smith should decline the referral fee and refer the client without any fee-sharing arrangement.
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