Please help out an idiot. What is a decent pay arrangement for working some overflow cases for another attorney?

This opportunity landed on my lap, and I am not prepared for the upcoming negotiation about the relationship. I do not want to become an associate or W-2 employee and do not want this firm's conflicts imputed to me. I have my own fledgling practice, my own malpractice insurance, my own equipment, etc. But I will likely need some high level guidance from the more experienced atty.

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Typically the fee split for referrals is 20-50%; the more they work on the case, the more they’ll usually want.

I have a firm that sends me a ton of low impact/questionable liability cases and our 1.5.1 agreement is 20%, but I always give them 30-40%; the owner is a friend and they aren’t obligated to send me anything, so I like to give them more than 20% as a token of appreciation.

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Anytime. Also, you’re not an idiot! Nobody teaches this stuff (certainly not in law school), so I’m glad you asked; hopefully it helped.

You’re going to want to check your state’s ethic rules before doing a straight fee share… A lot of people just enter joint-services arrangements. You’d have your own engagement and bill for your time.

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Thanks! My state does allow fee sharing.

The attorney can pay you an hourly rate similar to what you would get on LawClerk?

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Thanks! Straight hourly could absolutely be an option.

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Thoughts?

He proposed 1/3 to me, 1/3 to him,1/3 to his firm if we both work the file. I would ghost write the motions (for, say, change of custody) and he would do in court appearances. For fairly simple matters like custody or divorce, that might work, but if it's more complex litigation that would be a raw deal on my end and frankly doesn't address things like division of labor for discovery, strategy, summary judgment.

We agreed not to make any final decisions about comp today but to keep the convo and negotiation open.

We didn't talk about what happens if I work the file alone. I don't think he's ready to hand off files entirely until he vets me more, and I don't particularly want a full file dumped on me to handle without knowing his work process and expectations better too.

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