(a) Lawyers who are not in the same law firm* shall not divide a fee for legal services unless:
(1) the lawyers enter into a written* agreement to divide the fee;
(2) the client has consented in writing,* either at the time the lawyers enter into the agreement to divide the fee or as soon thereafter as reasonably* practicable, after a full written* disclosure to the client of: (i) the fact that a division of fees will be made; (ii) the identity of the lawyers or law firms* that are parties to the division; and (iii) the terms of the division; and
(3) the total fee charged by all lawyers is not increased solely by reason of the agreement to divide fees.
(b) This rule does not apply to a division of fees pursuant to court order.
Comment
The writing* requirements of paragraphs (a)(1) and (a)(2) may be satisfied by one or more writings.*
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