Can you pay a referral fee to a lawyer for a matter in which they are not certified? (not a civil trial lawyer in a PI case)

Asked over 1 year ago - Trenton, NJ

the lawyer recieving the referral is now under temporary ethics suspension but the events occurred before and have nothing to do with the referral case.

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Can't pay referral fees in NJ.

  2. Allan E Richardson

    Contributor Level 14

    3

    Lawyers agree

    Answered . An attorney who has been certified by the Supreme Court of New Jersey is permitted to send a referral fee to the referring lawyer, regardless whether the referring lawyer is certified or not. A lawyer who is not certified may not send a referral fee to another lawyer, but may pay the referring lawyer a reasonable sum for the amount of work the referring lawyer put into the case before referring it. This is called quantum meruit. Whether the lawyer receiving the referral fee can cash the check while under suspension depends on the underlying basis for the suspension and the terms of the order of suspension and I do not have enough information to comment.

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  3. Leonard Roy Boyer

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . No, I agree with my colleague.

    Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be... more

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