Co-counsel agreements and fee sharing Most states, including Georgia, permit lawyers in different firms to share contingent fees in a personal injury case as long as the client agrees to the division of fees and each lawyer is jointly responsible for the claim.
Fee sharing allows lawyers that practice in the same, and often, different practice areas, such as family law, criminal law, business law or any other specialty to jointly represent a personal injury claimant and share in the contingency fee.
The customary percentage of fee sharing for a referring attorney is normally 30% of the attorney fee. The percentage of fee payable to co-counsel can, however, range anywhere from 20% to as high as 45% of the contingent fee. The duties of co-counsel are normally maintaining the relationship with the client. Indeed, the referring attorney’s name often does not appear on the pleadings in many jurisdictions as Jonathan R. Brockman, P.C. is providing the subject matter expertise.
Approximately 50% of our cases at Jonathan R. Brockman, P.C. come from other lawyers who have associated the firm because of our expertise in handling catastrophic injury and wrongful death cases including medical malpractice, trucking and commercial vehicle, premises liability, and motor vehicle claims. Our referring lawyers often do not have expertise in the area of the referred matter but still maintain a significant portion of the contingency fee.
Another advantage to the client and the referring attorney as a result of referring the case to Jonathan R. Brockman, P.C. is that we advance all costs and expenses in pursuing the claim. Prosecuting serious injury claims is often quite expensive because of the expenses associated with retaining expert witnesses as well as the overall costs associated with litigation.
Division of fee
We typically agree to co-counsel fee sharing percentages at the beginning of the claim and memorialize the agreement in writing so that everyone is aware of the percentage.