As set out under rule 3.6-5 of the lawyers’ Rules of Professional Conduct
(lawyers’ Rules) and subrule 5.01(11) of the Paralegal Rules of Conduct (Paralegal Rules), fees
for professional services may be divided or split between lawyers and
paralegals who are not at the same firm, if the following conditions are
- the fees are divided in proportion to the work done and the
responsibilities assumed, and
- the client is informed about and consents to the division of fees, confirmed
and paralegals are not permitted to divide or split fees with anyone who is not
licensed by the Law Society of Upper Canada – the lawyer or paralegal may only
divide or split fees with another lawyer or paralegal in accordance with the
lawyers’ Rules or Paralegal Rules.
There are two exceptions outlined in rule 3.6-8 of the
lawyers’ Rules and one contained in subrule 5.01(13) of the Paralegal Rules. Lawyers in multi-disciplinary practices may
divide fees with non-licensee partners, provided that the conditions set out in
the rule or subrule are satisfied.
Lawyers who are members of inter-provincial law firms or in law
partnerships with Ontario and non-Canadian lawyers may also divide fees with
their non-Canadian lawyer colleagues, if the conditions set out in the rule are
met. It is important to note that affiliations
are not subject to the exceptions for multi-discipline practices and
inter-provincial and international law firms.
Management Practice Management Guideline