Can Texas Lawyers Share Referral Fees?
Yes, with conditions. Texas permits fee divisions between lawyers of different firms if the division is proportional to services performed, or made with a client who consents in writing to an arrangement where each lawyer assumes joint responsibility.
What TX requires
- Division proportional to professional services performed, OR joint responsibility for the representation assumed by all participating lawyers
- Client consent in writing to the terms of the arrangement BEFORE the time of the association or referral, including the identity of the lawyers and whether fees will be divided based on services or joint responsibility
- Aggregate fee must not violate the prohibition on unconscionable fees
How Texas compares to California
Texas is stricter than California on two counts: pure referral fees are prohibited (proportionality or joint responsibility is required), and client consent must be obtained in writing before the referral arrangement — not "as soon thereafter as practicable." For the full California treatment, see our CRPC 1.5.1 guide — or estimate a split with the referral fee calculator.
Frequently asked questions
When must the client consent in Texas?
In writing, before or at the time the referral or association arrangement is entered into. Late-collected consent is a rule violation, not merely a risk.
Are pure referral fees legal in Texas?
No. Rule 1.04(f) requires the division to be either proportional to services performed or based on joint responsibility assumed by all participating lawyers with written client consent.
What must the Texas disclosure include?
The identity of all lawyers or firms involved in the division and the basis of the division (services performed or joint responsibility), consented to in writing by the client.
Want this automated in Texas?
Tap2Refer currently automates referral fee compliance for California — e-signed fee agreements, automatic written client consent, audit-ready PDFs. Texas support is prioritized by demand. Leave your email and you'll be first to know (and first to shape it):
Practicing in California too? Start free today.
Referral fee rules in other states
California · New York · Florida · Illinois · Pennsylvania · Ohio · New Jersey · Georgia · Massachusetts · Washington
General information about Texas Disciplinary Rule of Professional Conduct 1.04(f), current as of mid-2026 — not legal advice. Rules and interpretations change; verify against the current rules published by the Texas bar authority before relying on any summary.