Agreement To Divide Fees Among Lawyers Not In The Same Firm

1 2 3 45 6 7 8 9 10 11 12

Joint Representation and Fee-Division Agreement1 1.

Parties: This Joint Representation and Fee-Division Agreement (“Agreement”) is entered into by and between ________________________________________________ (“Client”), and the Lawyers who have signed below (“Lawyers”). The Client and Lawyers are the parties to this agreement (“Parties”). There are no other parties whatsoever to this Agreement. The Parties enter into this Agreement in order to comply with Rule 1.5(e) of the Louisiana Rules of Professional Conduct.

13 14 15 16

2.

Subject Matter of Agreement: This Agreement relates to possible or actual claims by Client against any defendants arising out of an incident occurring on or about ___________________________________________________ (“Matter”). This Agreement relates to Matter only, unless otherwise agreed in a signed writing.

17 18 19

3.

Lawyers’ Efforts and Responsibilities: The Lawyers hereby assume joint responsibility for representing Client in connection with the Matter. Each Lawyer shall render meaningful legal services for Client in the Matter.

20 21 22 23 24 25 26

4.

Client’s Agreement: Client has been advised that the Lawyers will jointly represent Client in this Matter, and Client hereby agrees to being jointly represented by Lawyers in this Matter. Furthermore, Client consents to the division among and between Lawyers of any fees, funds or property recovered in this Matter. The Lawyers will share the fee as follows: __________________________________________________________________. Lawyers may adjust the division of the fee at the conclusion of the Matter. If so, Client will be advised in writing as to the share of the fee that each Lawyer will receive.

27

5.

Miscellaneous

28 29 30 31 32

a.

Privilege: Each Lawyer shall have a lien or privilege on all money or property received for Client in connection with the Matter by way of settlement, judgment, decree, execution, garnishment or other proceeding. This lien or privilege shall secure Client’s obligation to pay costs and fees and shall be discharged upon full payment thereof.

1

Disclaimer: Note that this is merely a model agreement that has not been reviewed, endorsed or approved by the Louisiana State Bar Association, Louisiana Attorney Disciplinary Board or Louisiana Supreme Court. You should always conduct your own research regarding the propriety of any agreements with your clients. Page 1 of 2

Joint Representation and Fee-Division Agreement 33 34 35 36 37 38 39

b.

Arbitration of All Lawyer Disputes: Any and all disputes arising between or among the Lawyers relating to the Matter shall be resolved by way of arbitration in ___________________________________, Louisiana, under the auspices of the American Arbitration Association, Commercial Arbitration Rules, Expedited Procedures. All costs of arbitration, including attorney’s fees, shall be paid by the nonprevailing Lawyer. The Lawyers expressly waive the right to file a lawsuit and to the right to trial by jury.

40

c.

Governing Law: This agreement shall be governed by Louisiana law.

41 42 43 44 45 46 47

d.

Complete Agreement: This is the complete agreement between the parties with regard to joint representation and fee division in the Matter. The parties expressly acknowledge that Client previously has signed a separate representation agreement with one or more Lawyers relating to the Matter. In addition, the parties expressly acknowledge that Lawyers may have other oral or written agreements among themselves relating to the division of responsibility for workload and costs in the Matter.

48

Signed and agreed as of the dates set forth below.

49 50 51 52

_________________________________ Client Signed as of: __________________

_________________________________ Lawyer Signed as of : __________________

53 54 55 56 57

_________________________________ Lawyer Signed as of : __________________

_________________________________ Lawyer Signed as of : __________________

58

* * * END * * *

Page 2 of 2